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
New Form I-9 Employment Eligibility Verification
Attention!: Contractors, subcontractors, architects, engineers, material suppliers, owners, anyone with employees. The United States Citizenship and Immigration Services released a revised version of the Form I-9, Employment Eligibility Verification on 17 July 2017. Employers may continue to use the old version of Form I-9 until tomorrow. However, starting on Monday, 18 September 2017, all employers must use the new version … 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
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
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
BACK TO BASICS: TENNESSEE LIEN LAW PART 4
In a continuing four-part series, LT Construction Lawyer Wally Irvin discusses the Tennessee Lien Law. Wally recently posted Part 1 of 4 on “Speaking the Lien Language,” Part 2 of 4 on “Lien on What?” Wally continues his examination of the Tennessee lien law, and Part 3 of 4 on “”Notice Requirements.” Wally completes his examination of the Tennessee lien … Read More
Earn CLE and PDH with Tennessee Construction Lawyers
It’s that time of year. Thanksgiving is nearly upon us and Christmas is just around the corner, which means one thing: it’s time to make sure you have earned enough CLE and PDH before it is too late. Take a break from the holiday stress and earn your remaining CLE or PDH with us. Join Tennessee Construction Lawyers Steve Barton, Jimmy Duckworth, … Read More
Additional Rule Changes by the Tennessee Board of Architectural and Engineering Examiners
Recently we posted (here) that the Tennessee Board of Architectural and Engineering Examiners passed rule changes affecting military families. Additional rule changes have now been announced. To view the changes, click here. These rules include a general cleanup of language; exam procedure cleanup; reduction of the engineer intern application fee from fifty to fifteen dollars; and revised teaching experience requirements for professors. The … Read More
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