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
DOL Expands Definition of Joint Employment
On Wednesday, January 20, 2016, the U.S. Department of Labor’s Wage & Hour Division issued Administrator’s Interpretation No. 2016-1 that expands and explains the “joint employer” standard under the Fair Labor Standards Act (“FLSA”). Joint Employer It has been long established that an employee can have two or more employers for the work that he or she is performing under … 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
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
New Pay Transparency Rule for Federal Contractors
Does your company have a policy that prevents your employees from discussing or disclosing their own pay or the pay of their co-workers? If you are a federal contractor or subcontractor, you better be aware of the new pay transparency rule that takes effect on January 11, 2016. This new rule comes from the Office of Federal Contract Compliance Programs … Read More
Lewis Thomason 2015 Annual Construction Law Seminar
The construction lawyers from the Knoxville office of Lewis Thomason presented their 2015 Annual Construction Law Seminar this past Friday, October 16th. The seminar was a success, with representatives from firms throughout the construction industry attending. The topic of the seminar was “Subcontractors: In the Legal Trenches.” We appreciate all of those in attendance. Stay tuned to this blog for … Read More