Today’s guest post is written by Joe Hardesty, who handles complex litigation in construction and business disputes. He has defended and prosecuted claims for clients arising from major construction projects throughout the country, surety disputes, commercial real estate disputes and a variety of disputes arising from business transactions. He also advises clients on matters
The Supremes Side with Road Builders in Clean Water Act Case
I had an admiralty professor at law school who would often refer to the Justices of the Supreme Court of the United States as … get this … the Supremes! In honor of Professor Jones, today’s post is about the Supremes decision in PPL Montana, LLC v. Montana, where the court declined to expand the definition of “navigable” under federal law.
Continue Reading The Supremes Side with Road Builders in Clean Water Act Case
End of the Road for One Highway Contractor’s Claim
Words matter. Yesterday, the Supreme Court of Tennessee released its decision in a construction dispute between Ray Bell Construction Company and the Tennessee Department of Transportation. Where the contractor won the first two rounds at the trial court and intermediate appellate court levels, TDOT prevailed in the final appeal.
The Dispute. The primary issue in
Ghostly Voice: “Tennessee Supreme Court Addresses Non-Delegable Duties to Subcontractors”
Happy Halloween! Today’s post is not about ghosts, ghouls and goblins, though. It’s much scarier … it’s about contractors, subcontractors and insurance companies! (….shriek….)
In a noteworthy decision issued last week, the Tennessee Supreme Court held that all construction contracts have an implied duty on part of the contractor to perform in
Spearin and Luria Bros: Two Cases Every Federal Contractor Should Know
Where is the best place to start when you have been away from work for a family emergency? Naturally, you go back to the basics. In my next few posts, I review some of the "basic building block" or "essential" construction cases every contractor should know. The first two are Spearin and Luria Bros.
Who Can Help Interpret a Construction Contract: No One? The Contract? The Industry?
Last week, the Supreme Court of Tennessee heard oral arguments on a contract interpretation issue in a construction dispute between Ray Bell Construction and Tennessee Department of Transportation. You can get the details here, but the real lesson is one about how to interpret contracts, whether you are talking about the scope of work, changes
What Happens When Parties Are “Unclear” in Their Construction Contracts?
Last week I wrote a post about what is considered timely acceptance of a subcontractor’s quote. My friend and former colleague, Brian Waagner, submitted a comment to that post, focusing on the importance of a written contract. Brian also blogs at The Contractor’s Perspective. Brian’s comments are on-point, so I have included
What is Considered “Timely Acceptance” of a Subcontractor’s Quote?
If a subcontractor’s quote does not contain a deadline by which it must be accepted, how late can the contractor accept the quote to be valid? And when there is a dispute, who has the burden of proving that the contractor accepted the quote in a timely manner?
The court addressed these issues in Piland
Kentucky Supreme Court Adopts the Economic Loss Doctrine
Owners, contractors, and subcontractors in Kentucky should carefully review their legal claims given a recent Kentucky Supreme Court decision. On June 16, 2011, the Court joined the majority of other states and adopted what is commonly know as the economic loss doctrine. Now, claims against suppliers for product defects are legally limited to the parties&rsquo
Floods and Heavy Rains: How to Best Prepare a Delay Claim for Unusually Severe Weather
Yesterday, highway and bridge contractors in Tennessee received an alert from from TDOT officials about the affect of heavy rain in the area: "I’m sure most are aware of the anticipated rise in the Mississippi River, but could you please share with all that are working in the Mississippi River area and the backwater areas