#VoteNoon3. In July and August, Twitter was abuzz as Nashville’s construction community actively campaigned against Charter Amendment 3. The proposed amendment sought to require contractors to assign at least 40% of work hours on Metro construction projects of at least $100,000 to employees who reside within Davidson County. Contractors against the amendment noted the shortage of skilled workers that exists … Read More
New Executive Order Establishes Paid Sick Leave for Federal Contractor Employees
On Labor Day last week, President Barack Obama signed an Executive Order establishing paid sick leave for employees of Federal contractors. Under this Executive Order, certain Federal contractors will be required to provide to their employees up to 7 days of paid sick leave per year. Federal contractors performing procurement contracts for services or construction will be required to follow this … Read More
The Contractor’s Burden in Cost-Plus Contracts
Unlike many other civil claims, when a contractor seeks to recover amounts allegedly due from the owner under a cost-plus contract, the contractor has a heightened burden to prove the amounts owed by itemizing each and every expenditure made by the contractor on the project. And according to a Johnson County Criminal Lawyer, if the contractor fails to do so, … Read More
NLRB Changes Joint Employer Standard with Major Implications for General Contractors
The National Labor Relations Board (“NLRB”) recently issued its decision in Browning-Ferris Industries of California, Inc. In a 3-2 decision (along party lines), the NLRB changed the standard for who may be considered a joint employer under the National Labor Relations Act. In the construction industry, this decision could make it more likely that general contactors will be considered joint employers of … Read More
Substantial Completion: It’s complete, even if not perfect
It’s complete, even if not perfect: Tennessee Court of Appeals confirms substantial completion does not mean free from alleged defects Recently, the Tennessee Court of Appeals, in 5 separate cases handled by Lewis Thomason construction lawyers, made clear that a project is substantially complete even if there are alleged defects in construction – and even in the face of alleged … Read More
Be Careful What You Wish For
Attorney’s fees are only recoverable if they are provided for by statute or in a contract. This rule is generally applicable regardless of whether a matter is pursued in litigation through a court or in arbitration. However, the Tennessee Court of Appeals found that under the rules of the American Arbitration Association, attorney fees may be awarded if sought by … Read More
Contracting in the Right Name
It’s all in the name: Tennessee regulation requires construction contracts be in the specific name on the contractor’s license We all know—or should know—that Tennessee requires valid and appropriate contractor’s licenses in order to perform most all construction related activities over $25,000. However, we have seen many contractors fail to pay attention to the details on the licensing issues, and … Read More