The Contractor’s Burden in Cost-Plus Contracts
By Paul Whitt • September 11, 2015

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…

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…

“Subcontractors: In the Legal Trenches” – 2015 Annual Construction Law Seminar

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Construction Practice Group Launches Blog

The Lewis Thomason Construction Practice Group recently launched its blog, Tennessee Construction Lawyers. Check out the blog at www.tennesseeconstructionlawyers.com. You can subscribe to the blog via email in the right…

Initial Here: Arbitration Clauses & Residential Construction in Tennessee
By Paul Whitt • August 31, 2015

Initial Here: Tennessee’s Unique Requirement for Arbitration Clauses Concerning Residential Construction The Tennessee Arbitration Act (“TAA”), which is found at Tenn. Code Ann. § 29‑5‑301, et seq., contains a unique provision…

Substantial Completion: It’s complete, even if not perfect
By Paul Whitt • August 21, 2015

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…

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…

Contracting in the Right Name
By Paul Whitt • August 18, 2015

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…

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…

Sears Crosstown Project in Memphis, Tennessee
By Steve Barton • August 14, 2015

There have been a number of significant construction and development projects in Memphis, Tennessee recently. Perhaps the most ambitious is the redevelopment of the old Sears Crosstown warehouse located on…

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…

David Garst Recipient of American Institute of Architects/Tennessee Society Presidential Award of Excellence

David Garst received the American Institute of Architects/Tennessee Society Presidential Award of Excellence at the association’s annual convention in Knoxville on July 31, 2015. This was the second time that…

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