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
TDOT Requires List of Subcontractors from Apparent Low Bidder
While I know this was not coordinated to start on my birthday (…hint…hint…send gifts to my law firm address…), but for the July 12, 2013 letting and going forward, TDOT will require the apparent low bidder to submit a “Bidders List” identifying all subcontractors that provided a quote on that particular project/contract.
This
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
Are Electronic Toll Collection Systems Subject to Competitive Bidding?
I was working in our Virginia office this past week and was amazed at the amount of highway construction at and around Tyson’s Corner. What also caught my attention was the progress of the 495 Express Lanes project, which includes the construction of high occupancy toll (HOT) lanes that will operate on the I-495/Capital Beltway.
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
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
ULI Nashville Highlights Emerging Trends in Real Estate
A few weeks ago I received my diploma in "moderating panels for non-profit groups that support research and education in real estate and urban land use" when I received call from Nashville ULI to moderate a local panel on the emerging trends in the real estate market. Lucky me! Lucky them!
This morning, ULI Nashville presented
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
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
Tennessee Road Builders Raise $50,000 at Mid-Year Convention
Last night, I attended a dinner and auction of the Tennessee Road Builders Association Mid-Year Meeting in Nashville, Tennessee. It is always great to catch up with some many friends … many of whom I met only six months ago while presenting as a speaker at the Annual Meeting in Kauia, Hawaii. The food