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
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
False Claims Act liability doesn’t stop on the whistle
Failing to ensure certified payrolls are correct lead to a contractor owing three times the amount paid by the government under a construction contract. The False Claims Act imposes liability on persons and companies that defraud the government. Under the FCA, a “whistleblower,” frequently a current or former employee, may file a lawsuit on behalf of the government when someone … Read More
Failure to Serve Notice of Nonpayment Renders Lien Invalid
The Tennessee Court of Appeals affirmed Tennessee’s requirement that remote contractors (subcontractors, sub-subcontrators, material suppliers to a subcontractor, etc.) must serve notices of nonpayment on both the owner and prime contractor (the General Contractor). In Diaz Construction v. Ind. Dev. Board of Metro. Gov’t of Nashville and Davidson County, a remote contractor appealed the trial court’s dismissal of its lien … Read More