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Choose With Care: Tennessee Federal Court’s Prompt Payment Conclusions Turn on Choice of Law Clause

Constructlaw

Relyant subcontracted with Federal Engineers and Constructors, Inc. (FE&C). Relyant later terminated its subcontract with FE&C. FE&C’s amended complaint included a claim for violation of the federal Prompt Payment Act (PPA). FE&C’s amended complaint also included claims for violation of the Tennessee PPA.

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Is the Withholding of Liquidated Damages a ‘Claim’?

Construction Dive

A recent ruling by a Tennessee court should give project owners heartburn. The Tennessee Court of Appeals ruled that an owner’s withholding of liquidated damages was a “claim” within the meaning of the AIA general conditions. Failure to do so waived the owner’s right to $237,000 in liquidated damages.

Claims 48
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Subcontractor’s Failure to Strictly Comply With Notice Provision Costs $200,000

Best Practices Construction Law

shall be deemed a conclusive waiver by the Contractor of any and all claims for damages for delay arising from such condition. ” The appellate court also found that actual knowledge of the delays and claims did not excuse the subcontractor from complying with the the notice requirements of the contract. .”

Claims 82
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Can a Subcontractor Recover When Delays Are Caused by Another Subcontractor?

Best Practices Construction Law

Wilson Contracting , the Tennessee Court of Appeals reviewed a case involving a project at Key Field in Mississippi. The prime contractor, Wilson, subcontracted the paving work (including the resurfacing of existing runways and paving of new runways) to Foster. ." In Foster & Creighton Company v. The Lesson.

Claims 86
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Can a Subcontractor Recover When Delays Are Caused by Another Subcontractor?

Best Practices Construction Law

Wilson Contracting , the Tennessee Court of Appeals reviewed a case involving a project at Key Field in Mississippi. The prime contractor, Wilson, subcontracted the paving work (including the resurfacing of existing runways and paving of new runways) to Foster. In Foster & Creighton Company v. The Lesson.

Claims 54
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Authority of Arbitrator to Award Attorneys Fees when not mentioned in Contract

Construction Lawyer

An arbitrator''s award of attorneys fees to the prevailing party was upheld by a Tennessee court in Lasco Inc. Any claim arising out of or related to this Subcontract. Inman Construction, No. W2014-00802-COA-R3CV, 2015 WL 129024 (Tenn. Jan 9, 2015). The dispute escalated and the subcontractor filed a complaint in court.

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All Prime Contractors on TDOT Projects Must Be Licensed

Best Practices Construction Law

For highway and bridge contractors in Tennessee, you should be aware of the following provisions: Contractor License Requirement. It is recommended that all "Prime Contractors" who are not currently licensed and intend to bid on future projects begin the process to obtain their contractor’s license.