A flurry of American Disabilities Act (ADA) lawsuits have been filed in federal court in Nashville since the 2010 ADA rules took effect March 15, 2012. More than 40 of these lawsuits have been filed by enterprising lawyers because it is often easy to show a violation. So, what is the ADA Public Accommodation Law
TN Passes Legislation on What Constitutes “Good and Solvent” Surety Bonds for Construction Projects
I just received an update from Kent Starwalt at the Tennessee Association of Road Builders and Brian Egan, Construction Division Director at TDOT, regarding new state requirements for payment and performance bonds in Tennessee. The requirements apply to "contractors entering into contracts with any city, county or state authority for public works within this state."
Tennessee Approves Pilot Program for CM/GC Project Delivery on Select TDOT Projects
It has been some time in the making, but on May 13, 2013, Governor Haslam signed into law HB-0183, which authorizes a pilot program for the use of a construction manager / general contractor (CM/GC) project deliver method in the development and construction of transportation projects.
Generally, the CM/GC project delivery method allows
General Assembly Moves to Repeal Tennessee’s Prevailing Wage Act
When I moved to Nashville in 2006, I was sworn into the Tennessee bar by a local judge. My partner happened to be in trial on a significant prevailing wage dispute, and the court a break during the trial to admit me to the practice of law in Tennessee. Five minutes later, the parties returned
Contractors: What is UETA and Why Should You Care?
Given the increase of today’s mobile technologies available on the construction site … from smart phones, to iPads and tablets, to electronic drawings and specifications … there are going to be new disputes involving those technologies. Today’s post addresses the use of EMAILS on a project.
Continue Reading Contractors: What is UETA and Why Should You Care?
New Pennsylvania Law Allows PPPs for Construction Projects
Last week, ENR’s Digital Wire highlighted an article in the Pittsburg Post-Gazette by Jon Schmitz about Pennsylvania’s new law to boost private investment in public projects through PPPs. According to the article, there are numerous major projects in the pipeline that will garner interest from private investors, including highways, bridges and other transportation facilities.
Tennessee Adopts E-Verify in Stages and with Safe Harbor Changes
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
Tennessee Adopts New “Loser Pays” Rule
Today’s guest post is by J. Matthew Kroplin, a fellow attorney at Stites & Harbison PLLC. Matthew is a member of the Business Litigation and Creditors’ Rights & Bankruptcy Service Groups. He represents and advises clients in the areas of business and commercial litigation, bankruptcy and financial restructuring, and construction law. Matthew has represented a
The Devil Went Down to Georgia: New Immigration Law for Public Projects
A few of my favorite parts of a holiday picnic are: kids running through sprinklers, very cold watermelon, crispy hot dogs, and the Charlie Daniels Band blaring over the speakers. (… yep, the devil went down to Georgia … he was looking for a soul to steal …) I do not intend to
A Federal Lien? Bill Would Require Repayment of Federal $$ in Privatization of Projects
There’s a debate in Congress. There’s a debate in Congress between Chicago’s two senators. There’s a debate in Congress between Chicago’s two senators about privatization.
Last week, Bob Sechler of the Wall Street Journal described newly introduced legislation from Senator Dick Durbin (D-Ill) called “The Protecting Taxpayers in Transportation Asset Transfers Act.” The bill seeks