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More Than Meets the Eye: TN Court Finds Arbitration Agreement in Employee Handbook Non-Binding

Best Practices Construction Law

30, 2022), the Court of Appeals of Tennessee reversed the confirmation of an arbitration award because the so-called arbitration clause appeared in the employee handbook and was not a stand-alone agreement. In Mankin Media Systems, Inv. Timothy Crowder , No. 19CV-48300W (Jun.

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Fraud as an Exception to the Economic Loss Doctrine: Changing Trends in Colorado and Tennessee

Constructlaw

Dream Finders Homes claimed that Weyerhaeuser misrepresented the nature of the joists and claimed remediation costs and legal expenses. In other words, Weyerhaeuser and Dream Finders Homes entered a distribution agreement, a general terms agreement, stand-alone warranties, and invoices. In Milan Supply Chain Sols.

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Owners Can Get Cake and Icing Under New Tennessee Lien Law

Best Practices Construction Law

Owners in Tennessee are celebrating a new law recently passed because they may get their icing, too! Although they both got to choose their own family dinner destination, we are going to have one huge cake this weekend…with tons of icing! 4) Any actual damages incurred by the owner.

Lien 59
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Change Directive v. Change Order v. Construction Change

Best Practices Construction Law

In the legal world, words have meaning. Not to say that words have any less meaning in the non-legal world, but sometimes you can get tricked up in your correspondence, notice letters, claims or otherwise when you use the wrong work. This Agreement becomes a part of the Contract when properly executed and approved.

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Virginia Joins 11 Other States Prohibiting Pay-If-Paid Clauses in Construction Contracts

Best Practices Construction Law

Some states have attempted, but failed, to enact similar protections, which happened in Tennessee a few years ago. this is the “pay if paid” prohibition); and. this is the “pay if paid” prohibition); and. In other states, the prohibition has been decided by the courts, such as the California Supreme Court’s decision in Wm. Clarke Corp.

Virginia 118
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If You Settle Your Construction Dispute, Have You Really Settled It?

Best Practices Construction Law

The Court of Appeals of Tennessee recently addressed this issue in McNeese v. Right before trial, the parties reached an agreement and notified the court that the trial was unnecessary. The attorney for the Williams drafted a short letter agreement and sent it to opposing counsel. Williams, No.

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Contractors: What is UETA and Why Should You Care?

Best Practices Construction Law

In Tennessee, there is the Uniform Electronic Transactions Act (UETA) that applies to electronic records and electronic signatures relating to a transaction. The statute expressly states that: A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.