Yesterday, Tennessee passed the Construction Industry Payment Protection Act (CIPPA) (SB2681/HB2706), which brings broad amendments to Tennessee’s lien laws, the Truth in Construction Act, the Prompt Pay Act, and Construction Defect statutes. Despite a shortened session that focused primarily on the budget and COVID-19 related bills, the legislature took time to pass amendments
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Covid-19 & Construction in Tennessee: Are We Open for Business? Apparently, but . .
Employers across the entire spectrum of the economy are grappling with impacts to operations and ongoing business functions brought on by the Covid-19 pandemic. With remote workforces, the construction industry faces some unique challenges, especially in the face of pressure to part with and donate PPE that workers use every day.
On March 30, Governor…
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…
FREE TRAINING AT SAFETYFEST TN 2019
Want to learn more about safety? Attend SafetyFest Tennessee 2019 a free health and safety training held April 29 – May 3, 2019 in Oak Ridge and Knoxville, Tennessee. SafetyFest is a combined effort of federal, state, and local agencies, businesses, and non-profit organizations to promote safety and health at work, home, and in the…
LT Knoxville Construction Law Seminar 2018
This year our seminar is titled Construction: On And Off The Field, and will be held in Knoxville on August 17th at the Fox Den Country Club. This seminar is aimed at offering practical advice for all parties involved in the construction business from a legal viewpoint. Our practice group will be discussing matters concerning…
Construction Defects and the Importance of Preserving the “Scene”
In construction defect claims, failure to preserve the “scene” can be fatal to either a valid claim or a strong defense. Indeed, when a defect or failure is discovered, it is important to do two things, as soon as possible: (1) secure the “scene” and related items and documents; and (2) notify any individuals or entities that…
Getting Paid on Tennessee Public Projects: the “Little Miller Act”
Like many states, Tennessee law requires that a contractor performing work on a state or local project having a contract price of $100,000 or more to post a bond to secure the contractor’s payment for all the labor and materials used by the contractor, or any immediate or remote subcontractor under the contractor. T.C.A. §12-4-201…
Statute of Repose and Insurance Company Construction Projects
A contractor’s “preferred contractor” relationship with an insurance company does not necessarily mean the insurance company can recover under a breach of contract theory when it seeks relief in subrogation from the contractor for faulty work. Such a claim has to be clearly specified as a breach of contract in the insurance company’s complaint. Recently…
Robots in the Construction Industry: Robots and automation arrive on construction sites
While most of modern commerce and our daily lives have seen a dramatic increase in the use of automation and/or robots, construction sites have been one area where robots were slow to arrive. However, that does not appear to be the case any longer. A recent article published by the Associated Press highlighted the trend…
“Pay that man his money,” or don’t. Contingent Payment in Tennessee for Subcontractors
The payment term is the most important provision of any subcontract. Subcontractors are not typically advanced money at the start of their work, requiring them to front the cost of construction based on the contractor’s contractual obligation to pay. But, a subcontractor must insure the contractor’s payment obligation is not illusory. Pay-if-paid and pay-when-paid provisions…