The Tennessee Court of Appeals recently issued an opinion extending application of the economic loss doctrine to certain construction claims. Among other things, the economic loss doctrine prevents a party from recovering on...more
5/25/2022
/ Appeals ,
Breach of Contract ,
Construction Contracts ,
Construction Disputes ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
Damages ,
Economic Loss Doctrine ,
Tennessee ,
TN Supreme Court
While neither of the recent cases discussed below establishes new law, they serve as good reminders of principles and requirements that can be important to participants in construction projects in Tennessee. The first case,...more
9/21/2020
/ Appeals ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Contract Disputes ,
Contract Terms ,
Homeowners ,
Oral Contracts ,
State and Local Government ,
Subcontractors ,
Time is of the Essence ,
Unlicensed Contractors
The Tennessee Construction Industry Payment Protection Act was signed into law on June 22. The Act addresses or reallocates certain risks associated with non-payment on construction projects under Tennessee’s Prompt Pay Act...more
7/29/2020
/ Construction Contracts ,
Construction Industry ,
Contract Terms ,
Contractors ,
Injunctive Relief ,
Late Payments ,
Limitation of Liability Clause ,
New Legislation ,
Payment Terms ,
Property Owners ,
Retainage ,
State and Local Government ,
Statute of Repose ,
Subordination Agreement
This Construction Law Alert highlights some of the significant Tennessee state and federal decisions affecting the construction industry from the past year.
Holdback Payments Are Not Retainage -
Tennessee’s Prompt Pay...more
1/15/2020
/ Bad Faith ,
Breach of Contract ,
Construction Contracts ,
Construction Disputes ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
False Claims Act (FCA) ,
General Contractors ,
Homeowners ,
Property Owners ,
Question of Fact ,
Retainage ,
Statute of Limitations ,
Subcontractors