Updates

Design Professionals Need Intellectual Property Clauses in Contracts

“Just because you start, does not mean you will finish!” A recent case out of the Court of Appeals for the 5th Circuit reminds us of parties’ needs for careful contracting,…

By Tennessee Construction Lawyers
5 Deadly Sins Cyber Criminals Know About Law Firm Security

Nearly every day we hear news of some new, large-scale cyber hack. For instance, the recent OPM database hack compromised personal information for over 21 million past and current federal…

Substantial Completion: It’s complete, even if not perfect

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…

By Paul Whitt
27 Lewis Thomason Attorneys Included In The Best Lawyers in America©2015 Listing

Lewis Thomason is pleased to announce the following 27 attorneys are listed in The Best Lawyers in America© 2016: Rehim Babaoglu, Stephen C. Barton, R. Dale Bay, J. Randolph Bibb, Jr.,…

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…

Michael Keeney and Casey Shannon Triumph in Court of Appeals

This is an arbitration case, wherein plaintiffs and the defendant-signatory expressly agreed to arbitrate any disputes arising from the contract and further agreed that the contract would be governed by…

Contracting in the Right Name

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…

By Paul Whitt
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

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…

By Steve Barton
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…

By Ken Burns
Another LT Jury Trial Victory

Congratulations to the defense team of Cheryl Estes and Natalie Bursi. They won a defense verdict in a jury trial in the United States District Court for the Western District…