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 the general contractor went under and the subcontractor asserted a lien claim and a claim for unjust enrichment against the owner. The owner argued that the subcontractor did not comply … Read More
THE TIMES THEY ARE A CHANGIN’ – CONTINGENT PAYMENT AND LIENS IN TENNESSEE
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 battle outside and it is ragin’. It’ll soon shake your windows and rattle your walls For the times they are a-changin’. -Bob Dylan- A battle is raging in Tennessee as Senator … 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
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
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