Tennessee Reconstructs Construction Statutes

Construction cranes in a skyline

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

LT Knoxville Construction Law Seminar 2018

This year our seminar is titled Construction: On And Off The Field, and will be held in Knoxville on August 17th at the Fox Den Country Club.  This seminar is aimed at offering practical advice for all parties involved in the construction business from a legal viewpoint. All that concerns the legal aspects of the business is filed in this title … Read More

Getting Paid on Tennessee Public Projects: the “Little Miller Act”

Like many states, Tennessee law requires that a contractor performing work on a state or local project having a contract price of $100,000 or more to post a bond to secure the contractor’s payment for all the labor and materials used by the contractor, or any immediate or remote subcontractor under the contractor. T.C.A. §12-4-201. The purpose of the bond … Read More

Statute of Repose and Insurance Company Construction Projects

A contractor’s “preferred contractor” relationship with an insurance company does not necessarily mean the insurance company can recover under a breach of contract theory when it seeks relief in subrogation from the contractor for faulty work. Such a claim has to be clearly specified as a breach of contract in the insurance company’s complaint. Recently in Tennessee Farmers Mutual Insurance … 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

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

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

I Protest! – Government Bid Protest Battles

I have had occasion to work with a number of clients confronted with bad outcomes in a government procurement process. The disputes have involved state, local and University of Tennessee procurements. Although each dispute involved unique issues, some elements are common to any bid protest. Grounds to Protest? The protestor carries the burden of establishing that the procurement agency’s decision … Read More