I have often wondered whether there is such a thing as too small a dispute. Well, the parties in Earl Faulkner v. Tom Emmett Construction Company (pdf) determined to take their $3,000 construction dispute to the Tennessee Court of Appeals. In the end, the Court gave some good instructions on the "first material breach" rule, which
FTC Releases Revised Green Guides
After nearly five years of deliberations, the Federal Trade Commission has released its revised "Green Guides," which are aimed at environmental marketing claims.
The guidelines were first introduced in 1992 and updated in 1996 and 1998. (For more history and context for the Green Guides, we invite you to read the FTC’s 314-page
Development and Construction Contracts: What You Need to Know
Noted author and business attorney, Peter Siviglia, often talks about “forms of writing”… In today’s post, I discuss some tips on drafting development and construction contracts.
Continue Reading Development and Construction Contracts: What You Need to Know
Local Construction Laborer Thankful This Season
We all need to hear stories of determination, hope and recovery. It’s what the construction industry as a whole wants to see happen. It’s what our economy needs to see happen. It’s what local construction laborer Rodney Johnson embodies.
From our friends at Trojan Labor in Nashville, I wanted to share a great interview with
Economical Litigation Agreements: Can We Learn to Reduce Construction Litigation and Discovery Costs?
As a construction lawyer involved in complex litigation, I am often asked to prepare a "litigation and discovery budget" for a client. As a construction client, your stomach may turn when you receive one of these budgets from your lawyer. Is there a way to control the costs of discovery in construction litigation?
According
Do You Have a Disaster Recovery or Emergency Plan?
I have never been to Japan. I cannot begin to understand the tremendous circumstances the country and its people have experienced. However, I have lived through a natural disaster. Many of my Nashville friends and clients found themselves in a mess of trouble earlier this year during the May floods.
What did we learn?
Surviving Your First Ten Years As a Lawyer (or Contractor or Executive)
I realize that many different types of people read this blog: contractors, architects, consultants, homeowners, lawyers … and the list goes on. Despite our differences in vocation or industry, I think we all have a few things in common: (1) we all will face adversity in our lives; (2) we all have desire to be better
Young Leaders in AGC Give to Local Ronald McDonald House…Are You Giving?
I am on the board of the Construction Leadership Council of the AGC of Middle Tennessee. Earlier today, we presented a check to the Ronald McDonald House Charities to help support their great work for sick children and their families in and around Nashville, Tennessee.
As I drove back to the office, I thought
Hey Coach, How Can You Think Outside the Box with Your Construction Contracts?
As the college football seasons comes to an end, USA Today had a special report on the salaries of coaches, as well as a great article on coaches’ contracts. The article described how some schools have the freedom to include "unusual provisions" in their contracts.
How’s that for bargaining? Middle Tennessee
Turkey Crossing: Don’t Forget to Include Holiday Impacts in Your Construction Schedule
I woke up very early this morning so that I could get a jump start on all the work projects that need to get done before the Thanksgiving weekend. As I tiptoed down the hallway, the rumbling little snores of 6 children made me smile. Yep, I am thankful for many things … but especially