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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. Under FE&C’s theory, it was entitled to recover interest under a subcontract provision that generally incorporated all “terms and conditions … required by law.”

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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.

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How Contractors Can Make Sure to Receive DBE Participation Credit

Best Practices Construction Law

Many prime contractors may be unaware that subcontracting to a DBE on a TDOT contract does not necessarily mean DBE goal participation credit will be awarded. It should also be noted that DBE Certification should not be confused with Prequalification, which is a function of TDOT’s Construction Office.

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

Best Practices Construction Law

Tully Construction Co. , The general contractor entered into an agreement with the City of New York Department of Sanitation to construct a garage. Read this post on providing notice and ten other tasks when pursuing a construction claim. In Schindler v. For example, in Lee Masonry, Inc.

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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. Inman Construction, No. Any claim arising out of or related to this Subcontract. 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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7 Tips for Aligning Your Project Management Workflows & Construction Technology

Construction Business Owner

7 Tips for Aligning Your Project Management Workflows & Construction Technology How to achieve the best possible project management — and how an integrated, cloud-based construction software solution can help mhodges Wed, 08/30/2023 - 09:38 Effectively managing today’s construction projects can be a complex, exhaustive process.

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

Best Practices Construction Law

As you may be aware, one of the greatest risks on a construction project involves the payment process. Contractors have a means of shifting the risk of non-payment by the owner to its subcontractor by including a certain payment provisions in the subcontract agreement. Turner Construction Company (pdf) , the U.S.