It has long been understood in Tennessee that in order to recover attorney’s fees in an action for breach of contract that the contract to be enforced must specifically provide for the recovery of motorcycle accident attorney’s fees in the event of an action to enforce the contract (absent some applicable statute providing for attorney’s fees in certain instances). However, … Read More
Workers Compensation and Construction Sites
Workers’ Compensation and Construction Sites: Bureau intends to conduct field inspections of construction sites Contractors, subcontractors and providers of “construction services” in Tennessee face heightened scrutiny for compliance with Tennessee’s workers’ compensation laws, and potential penalties for failure to maintain adequate proof of workers’ compensation insurance at job sites. Under new legislation passed by the Tennessee legislature in the 2017 … Read More
New Form I-9 Employment Eligibility Verification
Attention!: Contractors, subcontractors, architects, engineers, material suppliers, owners, anyone with employees. The United States Citizenship and Immigration Services released a revised version of the Form I-9, Employment Eligibility Verification on 17 July 2017. Employers may continue to use the old version of Form I-9 until tomorrow. However, starting on Monday, 18 September 2017, all employers must use the new version … Read More
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
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
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 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