Retaining Wall Foundation Materials Deemed Irrelevant, Collapse Inevitable
By Ashton Smith • May 17, 2024

Judgment upheld on appeal where subsequently discovered materials used to backfill retaining wall would not have altered Trial Court's grant for summary judgment In Lyon Roofing, Inc. v. Griffith, 2023…

Owners Not Entitled to Statute of Repose Defense
By Ashton Smith • February 7, 2024

Appellate Reversal of Summary Judgment Highlights Purpose of Construction Statute of Repose In Clayton v. Dixon, 2023 Tenn. App. LEXIS 115 (Tenn. Ct. App. March 23, 2023), a property owner…

Court Rules for Subcontractor in Corporate Veil Piercing, Fraudulent Conveyance Appeal
By Ashton Smith • November 1, 2023

Trial Court Erred in Awarding Directed Verdict for Undercapitalized Contractor Defendant The recently decided Ruben Estrada v. DJ Exteriors, LLC et al. (2023 Tenn. App. LEXIS 91) involves a contractual…

Economic Loss Rule Applied to Commercial Construction Contracts
By Ashton Smith • August 21, 2023

The economic loss rule bars tort claims arising under construction contracts negotiated between sophisticated commercial entities. For years, the economic loss rule (or economic loss doctrine) has applied to limit…

Developer Ordered to Cede Control to Homeowners’ Association
By Ashton Smith • May 31, 2023

Appeals Court Sides with Homeowners in Pool Construction Lawsuit A recent decision sheds light on the ability of a subsequent purchaser of a subdivision (who we refer to as the…

Construction Statute of Repose Applied in Suit Against Contractor for Injuries on Public Sidewalk
By Paul Whitt • March 30, 2023

Construction Industry Statute of Repose Applies to Improvements Dedicated as Public Property In Garamella v. City of Lebanon, et al., 2022 Tenn. App. LEXIS 24 (Tenn. Ct. App. Jan. 24,…

Out of State, Not Out of Mind
By Ashton Smith • February 17, 2023

Alabama Contractor Sued in Tennessee for Construction Defect on Alabama Project In a cautionary tale that some out-of-state contractors may find somewhat surprising, the Tennessee Court of Appeals recently ruled…

Waiver of Written Change Orders and Unjust Enrichment
By Paul Whitt • February 1, 2023

Tennessee Court of Appeals Finds in Favor of Subcontractor in Claim Against Owner The Tennessee Court of Appeals recently affirmed a trial court’s decision in favor of a subcontractor where…

Tennessee Reconstructs Construction Statutes
By Wally Irvin • June 16, 2020

Yesterday, Tennessee passed the Construction Industry Payment Protection Act (CIPPA) (SB2681/HB2706), which brings broad amendments to Tennessee’s lien laws, the Truth in Construction Act, the Prompt Pay Act, and Construction…

Covid-19 & Construction in Tennessee: Are We Open for Business? Apparently, but . .
By David Draper • April 6, 2020

Employers across the entire spectrum of the economy are grappling with impacts to operations and ongoing business functions brought on by the Covid-19 pandemic.  With remote workforces, the construction industry…

THE TIMES THEY ARE A CHANGIN’ – CONTINGENT PAYMENT AND LIENS IN TENNESSEE
By Wally Irvin • March 13, 2019

Come senators, congressmen please heed the call Don't stand in the doorway don't block up the hall For he that gets hurt will be he who has stalled There's a…

FREE TRAINING AT SAFETYFEST TN 2019
By Wally Irvin • March 12, 2019

Want to learn more about safety?  Attend SafetyFest Tennessee 2019 a free health and safety training held April 29 – May 3, 2019 in Oak Ridge and Knoxville, Tennessee.  SafetyFest is a…

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