Earlier in the year, I made an April Fool’s Day joke on Twitter about the Supreme Court granting an appeal in a construction dispute. Apparently, the joke was on me…because the Supreme Court did take an appeal in a construction dispute!
On December 3, 2013, the Supreme Court issued its opinion in In re Atl.
Labor and employment laws regularly intersect with the construction industry–particularly when you are dealing with employment issues such as the hiring and firing of employees. Today’s post is about a new I-9 form that was just released last Friday.
Continue Reading Breaking News: The New I-9 Form Was Just Released Friday!
As a construction attorney, I have been on both the sending side and receiving side of a request for a time extension. In the construction world of competitive bidding, however, the request for an extension can create problems. Today’s post illustrates one of those problems.
Continue Reading Formal and Informal Bid Extensions on a Construction Project
It has been almost three years since the giant (…Google…) joined the legal research playing field with Westlaw, LEXIS, FindLaw and all the other law-related databases. Today’s post is about how a Google Scholar search can be used for legal research.
Continue Reading Google Scholar Provides Outstanding Preliminary Legal Research
I received an email last week from Kent Starwalt of the Tennessee Road Builders Association about the applicability of E-Verify, which varies by jurisdiction, and the recent changes to the law in Tennessee. Today’s post reviews those changes and reminds you to check your particular state’s law on the issue…
Continue Reading Tennessee Adopts E-Verify in Stages and with Safe Harbor Changes
A recent ENR headline caught my attention: “Structural Engineers Learn Lessons From Failures Through Digital Databases.” The article by Nadine Post discussed a new digital database—similar to YouTube, SharePoint and Wikipedia—being developed by structural engineers to “harness knowledge” to avoid future loses.
As noted in Post’s article, “[w]ith global engineering research, knowledge and failure
If you end up in court, either pursuing a construction claim or defending a breach of contract claim, your attorney should be a good story-teller. Today’s post talks about the importance of “story” in your claim.
Continue Reading Construction Battlefield? The Importance of the “Story” in Your Construction Claim
Ever heard of a “time out” on a construction project. It usually happens when a party files for bankruptcy protect. Today’s post reviews the “automatic stay” and whether it can be waived by contract.
Continue Reading Time Out: Dealing with the Automatic Stay of Bankruptcy in Construction Disputes
A contractor recently asked me whether a pre-hire health exam is legal? Today’s post discusses my response.
Continue Reading Contractor Asks: Are Pre-Employment Physical Exams Legal? Depends.
Last month, Tennessee Department of Transportation (TDOT) suspended all current bridge construction projects by Britton Bridge, LLC and related companies until they performed an independent review of their safety procedures. This action came as a result of a second on-the-job fatality of a worker at the Henley Bridge project in Knoxville, TN, since January 2011.