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Change Directive v. Change Order v. Construction Change

Best Practices Construction Law

When you are dealing with changes on a project, they can be classified, treated, reviewed, and compensated on a different basis. Perhaps the best description is included in Tennessee Department of Transportation’s new specifications (pdf) that were release earlier this year.

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

Constructlaw

But two recent state-court decisions evidence a change in that trend: Both held that the Economic Loss Doctrine bars fraud claims because parties to a commercial contract — often sophisticated and represented by counsel — allocate risk, prescribe damages, and rely on the terms of the bargain.

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Contractors: What is UETA and Why Should You Care?

Best Practices Construction Law

In addition, you may not have the accurate contract provisions in front of you when you are sending an email from the project site, so your communication may not include the appropriate contract references that you need to support your position or claim. The UETA was recently relied upon by an appellate court in Tennessee, Waddle v.

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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. Whether you are talking about a change order, outstanding payment application, or claim for delay damages, your agreement on a dispute may be binding depending on the circumstances. Within minutes, they were fighting again. Williams, No.

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The Real Lemon in the Bunch: Understanding Pay-If-Paid Clauses

Best Practices Construction Law

The subcontract between the general contractor and the concrete subcontractor contained the following clause: “The obligation of contractor to make payment under this agreement, whether a progress or final payment, or for extra or change orders or delays to the work, is subject to the express condition precedent of payment from the owner.”.