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

OSHA and Intoxicated Workers

Is the intoxicated worker’s injury exempt from reporting ?. . . No! In a March 21, 2016 letter of interpretation, OSHA determined that an intoxicated worker’s injury is not exempt from reporting under the work-related exception in Section 1904.5(b)(2)(vi). According to a personal injury attorney, section 1904.5(b)(2)(vi) states “You are not required to record injuries and illnesses if the injury … 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

It’s Baaack: Local Hire Amendment Requirements Imposed

On October 7, 2015, I wrote about the potential death knell for Nashville’s local hiring law.  At the time, Herbert Slatery, Tennessee Attorney General, issued a formal opinion in which he found the charter amendment violated Tennessee contractor licensing laws.  Additionally, Senator Jack Johnson (R-Franklin) filed a bill seeking to invalidate the measure.  Based on these developments, I anticipated the local hiring law … 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

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

Prevailing Parties Get the Fees

Tennessee follows the “American Rule” concerning attorney fees.  Accordingly, even if a party wins his case, he is not entitled to attorney fees unless there is a contract or statute providing a recovery.  There are a few other narrow situations that provide attorney fees based on a recognized exception, but generally speaking, there will be no recovery of attorney fees … Read More

OSHA Penalties to Increase Dramatically

The new bipartisan budget passed by both the House and Senate, and signed by President Obama on November 2, 2015, will increase the penalties issued by the Occupational Safety and Health Administration (OSHA) for the first time in over 25 years. Typically, federal agencies are able to raise their fines every year to keep pace with inflation but there was … Read More

Back to Basics: Tennessee Lien Law PART 3

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” and Part 2 of 4 on “Lien on What?” Wally continues his examination of the Tennessee lien law. Back to Basics: Tennessee Lien Law POST 3 of 4 (Notice Requirements) In the first two posts in this series, Speaking the Lien … Read More

Back to Basics: Tennessee Lien Law PART 2

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.”  Wally continues his examination of the Tennessee lien law. Back to Basics: Tennessee Lien Law Post 2 of 4 (Lien on What?) Under Tennessee lien law, a lienor may assert a lien when it performs work or furnishes … Read More