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

Back to Basics: Tennessee Lien Law

Back to Basics: Tennessee Lien Law Post 1 of 4 (Speaking the Lien Language) Arguably, the most important aspect of any construction project is not the construction itself but ensuring the contractor receives payment. If a contractor does not receive payment, the contractor may assert a mechanics’ and materialmen’s lien against the project and sell the underlying property to satisfy … Read More

The Gatlinburg Wastewater Treatment Plant Failure

Many people in the construction industry in Tennessee, and throughout the U.S., heard about the tragedy that occurred in April 2011 at the Gatlinburg Wastewater Treatment Plant (“Gatlinburg WWTP”) in East Tennessee. However, the way in which the failure occurred should be a clear example for designers and contractors when making changes in the field that can impact the structural integrity … Read More

Embracing Military Families: Rule Changes by the Tennessee Board of Architectural and Engineering Examiners

There is a current nationwide trend among various professional groups to embrace more liberal practice admission standards for those who serve in our military, whether directly or by virtue of being a military spouse.  According to a recent press release, the Tennessee Board of Architectural and Engineering Examiners passed rules affecting this issue.  These rules address licensing for certain qualified … Read More

Design Professionals Need Intellectual Property Clauses in Contracts

“Just because you start, does not mean you will finish!” A recent case out of the Court of Appeals for the 5th Circuit reminds us of parties’ needs for careful contracting, particularly on the point of design ownership. In Hunn v. Dan Wilson Homes, Inc. 789 F.3d 573 (5th Cir. Tex. 2015), the Court of Appeals for the 5th Circuit ruled that a draftsman and … Read More