Construction Defects and the Importance of Preserving the “Scene”

In construction defect claims, failure to preserve the “scene” can be fatal to either a valid claim or a strong defense.  Indeed, when a defect or failure is discovered, it is important to do two things, as soon as possible: (1) secure the “scene” and related items and documents; and (2) notify any individuals or entities that may be involved … Read More

Tennessee Court of Appeals: Specific mention of “fees” required to enforce attorney’s fee provision

It has long been understood in Tennessee that in order to recover attorney’s fees in an action for breach of contract that the contract to be enforced must specifically provide for the recovery of motorcycle accident attorney’s fees in the event of an action to enforce the contract (absent some applicable statute providing for attorney’s fees in certain instances). However, … Read More

Workers Compensation and Construction Sites

Workers’ Compensation and Construction Sites: Bureau intends to conduct field inspections of construction sites Contractors, subcontractors and providers of “construction services” in Tennessee face heightened scrutiny for compliance with Tennessee’s workers’ compensation laws, and potential penalties for failure to maintain adequate proof of workers’ compensation insurance at job sites. Under new legislation passed by the Tennessee legislature in the 2017 … Read More

The Business of Construction: Payment Disputes

The construction industry includes not only completing the project, or fulfilling an order, but also handling the “business” side of the industry. Oftentimes, this “business” side involves payment disputes, including disputes over invoices or payments. One common payment dispute situation involves a party disputing an invoice attempting to satisfy the obligation with a payment for less than the amount shown … Read More

It’s All in the Contract: Design Professionals

We’ve all been told to be careful what we ask for. And that is true. But for design professionals, it is also important to “be careful what you contract for.” Many design professional contracts contain standardized language that has been evaluated and addressed for many years, providing greater certainty as to the application of the contract language. However, sometimes owners … Read More

More Than Just a Threshold: Compliance with building codes

So many times, construction industry participants view compliance with the applicable codes or standards as satisfaction of the participant’s duty of care – or evidence by itself that the participant was not negligent in performance of its design and/or construction duties. However, the Tennessee Court of Appeals recently clarified, in a dispute over an allegedly dangerous threshold in a residence, … Read More

The Gatlinburg Wastewater Treatment Plant Failure

Many people in the construction industry in Tennessee, and throughout the U.S., heard about the tragedy that occurred in April 2011 at the Gatlinburg Wastewater Treatment Plant (“Gatlinburg WWTP”) in East Tennessee. However, the way in which the failure occurred should be a clear example for designers and contractors when making changes in the field that can impact the structural integrity … Read More

Lewis Thomason 2015 Annual Construction Law Seminar

The construction lawyers from the Knoxville office of Lewis Thomason presented their 2015 Annual Construction Law Seminar this past Friday, October 16th. The seminar was a success, with representatives from firms throughout the construction industry attending. The topic of the seminar was “Subcontractors: In the Legal Trenches.” We appreciate all of those in attendance. Stay tuned to this blog for … Read More

Lewis Thomason Annual Construction Law Seminar

“Subcontractors: In the Legal Trenches” On Friday, October 16, 2015, the construction attorneys from the Knoxville office of Lewis Thomason will present its annual Construction Law Seminar at Fox Den Country Club. Previous seminars have centered on topics such as General Contractors and Building Information Modeling (“BIM”). But, this year’s seminar topic is “Subcontractors: In the Legal Trenches.” While the … Read More