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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. Take, for example, the world of changes in the construction context.

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Google Scholar Provides Outstanding Preliminary Legal Research

Best Practices Construction Law

joined the legal research playing field with Westlaw, LEXIS, FindLaw and all the other law-related databases. A couple of years ago I worked on a case for a road builder which had a claim against the Tennessee Department of Transportation. Is that the only legal research an inquiring mind should do? Let's to a quick test.

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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. And Weitz ultimately refused change orders and payment for Commercial Painting’s extra work. A jury found Weyerhaeuser liable for negligent misrepresentation and fraudulent concealment.

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Contractors: What is UETA and Why Should You Care?

Best Practices Construction Law

For example, did you know that your email communications can be used to establish an enforceable contract, change order, or settlement? In Tennessee, there is the Uniform Electronic Transactions Act (UETA) that applies to electronic records and electronic signatures relating to a transaction.

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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.”.