As I stepped out of the shower this morning, something stuck to the bottom of my foot. It was Florida. … Today’s post features an explanation of the statute of repose for construction defects.
Continue Reading It’s Puzzling: Explaining a Statute of Repose for Construction Defects
Guest Post: State Lien Law Surprises
Today’s guest post is by Dan Douglass, a fellow construction partner in the Construction Service Group at Stites & Harbison PLLC. He is listed in the 2007, 2008, 2009 and 2010 Georgia Super Lawyers magazine and is listed in The Best Lawyers in America® (2009-2011) for Construction Law.
In these difficult economic times, lien rights are even more
Locality and Project Type: Two Factors Driving Union Labor on a Construction Project
Last Sunday, the headline from the Tennessean read "Unions shrink but stay active." Although the article focused on the use of union labor on Nashville’s convention center project currently underway, it provided a glimpse of the bigger picture of what is happening with labor groups in the construction industry.
In Tennessee, the
Check Out the 2009 Construction Law Update for Construction Cases and Statutes
In the weeks leading up to the ABA Forum on the Construction Industry’s annual meeting in Austin, Texas, a number of construction attorneys and I were feverishly reviewing submissions for Division 10’s annual Construction Law Update. The document is a compilation of cases and legislation affecting the construction industry. The updates are provided throughout the
Make Up Your Mind Mother Nature: Construction Law and Weather Delays
My children have been mad at Mother Nature over the past month. One day … jeans, turtle necks and jackets. The next day … shorts and flip-flops. At least in the South we have not had to deal with 30 inches of snow like on the East Coast. That kind of weather can cripple a
The Spearin Doctrine In Less Than 140 Characters
Today’s post is about the Spearin Doctrine, tweeted in less than 140 characters:
US v. Spearin: Owner designs. Contractor builds. Owner accepts. Work sucks. Owner sues. Contractor absolved. Owner loses.
Continue Reading The Spearin Doctrine In Less Than 140 Characters
Fourth Circuit Concludes that “Pay if Paid” Clause is Unambiguous and Enforceable
As you may be aware, one of the greatest risks on a construction project involves the payment process. Particularly in these economic hard times, a contractor and its subcontractors and suppliers expect to be paid on a timely basis once the work has been performed.
Continue Reading Fourth Circuit Concludes that “Pay if Paid” Clause is Unambiguous and Enforceable
Aging Infrastructure: What? Why? Where? How? When?
On Thursday, I will be joining a panel of construction attorneys and consultants to address the issue of aging infrastructure in America and, in particular, how to finance all the work that needs to be done.
Our panelists include:
Christopher Montez, Thomas, Feldman & Wilshusen, LLP, Dallas, TX
Kenneth R. Baker, Hill International,
Watch Out Kids: There is a New Exception to the Tennessee Hearsay Rules
I recently read in the Nashville Bar Journal about a new change to the hearsay rules. This is what immediately came to mind. On any given day, I receive a call from my lovely wife about one of my five children who has been put on the witness stand for interrogation by my wife. 
The defendant
State Football Playoffs: Excusable Delay on Construction Project?
College football in the Midwest. No further comment needed. So it should come as no surprise to see that a construction project in Mishawaka, Indiana was "postponed" as the local football team advanced to the state playoffs.
Although the school’s request to hold off the work crews affected construction for only a few days—and there