Yesterday, Tennessee passed the Construction Industry Payment Protection Act (CIPPA) (SB2681/HB2706), which brings broad amendments to Tennessee’s lien laws, the Truth in Construction Act, the Prompt Pay Act, and Construction Defect statutes. Despite a shortened session that focused primarily on the budget and COVID-19 related bills, the legislature took time to pass amendments sought by a unified coalition across the … Read More
THE TIMES THEY ARE A CHANGIN’ – CONTINGENT PAYMENT AND LIENS IN TENNESSEE
Come senators, congressmen please heed the call Don’t stand in the doorway don’t block up the hall For he that gets hurt will be he who has stalled There’s a battle outside and it is ragin’. It’ll soon shake your windows and rattle your walls For the times they are a-changin’. -Bob Dylan- A battle is raging in Tennessee as Senator … Read More
FREE TRAINING AT SAFETYFEST TN 2019
Want to learn more about safety? Attend SafetyFest Tennessee 2019 a free health and safety training held April 29 – May 3, 2019 in Oak Ridge and Knoxville, Tennessee. SafetyFest is a combined effort of federal, state, and local agencies, businesses, and non-profit organizations to promote safety and health at work, home, and in the community. The primary goal of SafetyFest is … Read More
“Pay that man his money,” or don’t. Contingent Payment in Tennessee for Subcontractors
The payment term is the most important provision of any subcontract. Subcontractors are not typically advanced money at the start of their work, requiring them to front the cost of construction based on the contractor’s contractual obligation to pay. But, a subcontractor must insure the contractor’s payment obligation is not illusory. Pay-if-paid and pay-when-paid provisions are frequently misunderstood. A pay-if-paid … Read More
With a Government Shutdown Looming, What You Should Know
With a Government Shutdown Looming, There are a Few Things Contractors Should Know The failure of Congress to reach an agreement on a short-term spending bill before the end of the day will cause the United States to start the weekend with a government shutdown. Needing 60 votes to advance the spending bill in the Senate, Republicans face opposition to … Read More
AIA Releases 2017 Construction Contract Documents
The American Institute of Architects publishes the most widely used form document set in the construction industry. The AIA revises the construction contract documents approximately every 10 years to address legal opinions and current construction practices. On April 19, the American Institute of Architects released the 2017 version of its contract documents. The documents revised in the 2017 version include: A201™-2017 General Conditions of … Read More
CHANGE IS IN THE AIR: State to Pilot “Expertise Based” Procurement
On August 15, the State of Tennessee Real Estate Asset Management Division (STREAM) held a educational session on a new expertise-based procurement approach it intends to pilot on select future projects within the Capital Projects Group. The presentation was led by John Savicky, with the Arizona State University Performance Based Studies Research Group. In contrast to traditional competitive bidding, the … Read More
Ready. Set. Go Build!
Construction is booming in Nashville. If there is any doubt, simply look at the Nashville Business Journal’s “Crane Watch.” Construction of smart buildings are also easier now thanks to the advancements in technology. One of them is Digital twins for cities that helps builders design and conceptualize large-scale projects. Despite vast amount of new construction, contractors continue to struggle to find … Read More
New GA Law Voiding Indemnity in Design Agreements Only Raises Questions
Georgia previously banned indemnity agreements in construction related contracts to the extent they required one party to indemnify another for that party’s sole negligence. On April 26, 2016, Georgia Governor Nathan Deal signed legislation that voids most indemnification and hold harmless agreements in contracts for, or collateral to, engineering, architectural or land surveying services. The new law (effective July 1, 2016), however, still … Read More
Local Hire? So long, farewell, auf Wiedersehen, good night . . .
On March 10, less than two months after Mayor Megan Berry imposed requirements implementing Charter Amendment 3, a/k/a Nashville’s local hire law, Governor Haslam signed a bill voiding the amendment. Accordingly, Metro Nashville believes the measure is dead, interpreting the bill to prohibit Metro from implementing Charter Amendment 3 and the rules and regulations imposed by Mayor Barry earlier this year. … Read More