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Construction Attorneys: What Do They Do? Are You One? 10 Aug 2013 | 12:01 am

In most states across the country, kids are headed back to school this week and next.  Some are even going to law school.  If you are considering a career in construction law, you will want check out ...

Application of First Material Breach in Construction Disputes 2 Aug 2013 | 09:39 pm

I have often wondered whether there is such a thing as too small a dispute.  Well, the parties in Earl Faulkner v. Tom Emmett Construction Company (pdf) determined to take their $3,000 construction di...

Can a Subcontractor Recover When Delays Are Caused by Another Subcontractor? 31 Jul 2013 | 08:20 pm

Recovery for unreasonable delays caused by others can be based upon a breach of an implied obligation not to hinder or delay the other party's performance. Wow, that's a mouthful! Let's look at an exa...

Improper or Deficient Site Investigation Can Cause Problems 23 Jul 2013 | 09:17 pm

Owners typically retain a geotechnical consultant, either directly, or indirectly though the designer. Either way, the number of borings the geotechnical consultant will take is often dependent on the...

What Do You Think Causes Construction Claims and Disputes? Think Again. 3 Jul 2013 | 08:28 pm

Construction is one of the riskiest businesses in the United States. It requires the coordination of many entities, which is one reason alone there are many disputes.  What do you think causes constru...

Fast Forward Three Years: Two Resources You Need to Respond to an EPA Inquiry for Lead-Based Paint Usage 26 Jun 2013 | 07:17 pm

I realize that these regulations and rules may be three years old, but in 2010 the EPA imposed continuing requirements on persons and entities working with lead-based paint. Recently, there have been ...

TDOT Requires List of Subcontractors from Apparent Low Bidder 24 Jun 2013 | 11:15 pm

While I know this was not coordinated to start on my birthday (...hint...hint...send gifts to my law firm address...), but for the July 12, 2013 letting and going forward, TDOT will require the appare...

A Fine Line: What the Law Says about Contractor Delays to Subcontractor Work 12 Jun 2013 | 06:50 pm

As a general proposition, if the owner delays the prime contractor by not performing its contractual obligations, the prime contractor is entitled to relief, including damages for delay or extensions ...

USDOT Provides "So-So" Update on MAP-21 for Transportation Projects 4 Jun 2013 | 06:28 pm

On May 21, 2013, the Office of Inspector General of the U.S. Department of Transportation provided an update to Congress on the Moving Ahead for Progress in the 21st Century Act (MAP-21), requiring th...

TN Passes Legislation on What Constitutes "Good and Solvent" Surety Bonds for Construction Projects 30 May 2013 | 08:43 pm

I just received an update from Kent Starwalt at the Tennessee Association of Road Builders and Brian Egan, Construction Division Director at TDOT, regarding new state requirements for payment and perf...

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