Contracting in Tennessee – 5 Simple Tips

It never ceases to amaze how contractors, particularly those based out of state, run afoul of Tennessee laws. As 2017 progresses, here are few laws that should be kept in mind. Are You Licensed? – A Contractor’s license is required prior to contracting. In Tennessee, “contracting” includes bidding, offering to engage, or negotiating a price for projects of $25,000 or … Read More

The Business of Construction: Payment Disputes

The construction industry includes not only completing the project, or fulfilling an order, but also handling the “business” side of the industry. Oftentimes, this “business” side involves payment disputes, including disputes over invoices or payments. One common payment dispute situation involves a party disputing an invoice attempting to satisfy the obligation with a payment for less than the amount shown … Read More

Executive Order Creates Temporary License Exam Waiver

In response to the recent wildfires that swept through Gatlinburg and surrounding areas in east Tennessee, Governor Haslam issued Executive Order No. 61.  The Order permits a temporary contractor’s license to be issued to provide for the protection of the health, safety and welfare of the public.  Qualified contractors may apply for an examination waiver for a temporary six (6) … Read More

Contractors, did you know . . . ?

The Tennessee Board for Licensing Contractors has statutory authority to impose civil penalties for violations of statutes, rules, or orders enforceable by the Board.  Orders of the Board are often based on a finding of misconduct.  Did you know that failure to abide by a warranty agreement is an enumerated form of misconduct.  So is the failure to respond to … Read More

CHANGE IS IN THE AIR: State to Pilot “Expertise Based” Procurement

On August 15, the State of Tennessee Real Estate Asset Management Division (STREAM) held a educational session on a new expertise-based procurement approach it intends to pilot on select future projects within the Capital Projects Group. The presentation was led by John Savicky, with the Arizona State University Performance Based Studies Research Group. In contrast to traditional competitive bidding, the … Read More

Ready. Set. Go Build!

Construction is booming in Nashville.  If there is any doubt, simply look at the Nashville Business Journal’s “Crane Watch.” Construction of smart buildings are also easier now thanks to the advancements in technology. One of them is Digital twins for cities that helps builders design and conceptualize large-scale projects. Despite vast amount of new construction, contractors continue to struggle to find … Read More

I Protest! – Government Bid Protest Battles

I have had occasion to work with a number of clients confronted with bad outcomes in a government procurement process. The disputes have involved state, local and University of Tennessee procurements. Although each dispute involved unique issues, some elements are common to any bid protest. Grounds to Protest? The protestor carries the burden of establishing that the procurement agency’s decision … Read More

OSHA and Intoxicated Workers

Is the intoxicated worker’s injury exempt from reporting ?. . . No! In a March 21, 2016 letter of interpretation, OSHA determined that an intoxicated worker’s injury is not exempt from reporting under the work-related exception in Section 1904.5(b)(2)(vi). According to a personal injury attorney, section 1904.5(b)(2)(vi) states “You are not required to record injuries and illnesses if the injury … 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

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