article thumbnail

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.”

article thumbnail

Where are the women in the plumbing and HVAC business?

Contractor Magazine

I just returned from Comfortech in beautiful and exciting Nashville, Tennessee. I''ve been involved, in one form or another, in our subcontracting industry for 50+ years and my head''s spinning with all the new, information and opportunities I discovered during this week. BY ED O'CONNELL. Comfortech Management Registered User'

professionals

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Where are the women in this business?

Contractor Magazine

I just returned from Comfortech in beautiful and exciting Nashville, Tennessee. I''ve been involved, in one form or another, in our subcontracting industry for 50+ years and my head''s spinning with all the new, information and opportunities I discovered during this week. BY ED O'CONNELL. Comfortech Management Registered User'

article thumbnail

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
article thumbnail

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. Federal Construction Tennessee Transportation DBE DBE Certification Deborah Luter TDOT'

article thumbnail

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.

article thumbnail

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

Best Practices Construction Law

City of Franklin , the Court of Appeals of Tennessee held that an owner’s actual knowledge of the events giving rise to the claims at issue did not bar recovery even though the contractors did not strictly comply with the notice requirements. For example, in Lee Masonry, Inc.

Claims 82