The Tennessee Court of Appeals recently issued an opinion extending application of the economic loss doctrine to certain construction claims. Among other things, the economic loss doctrine prevents a party from recovering on...more
5/25/2022
/ Appeals ,
Breach of Contract ,
Construction Contracts ,
Construction Disputes ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
Damages ,
Economic Loss Doctrine ,
Tennessee ,
TN Supreme Court
On June 30, the Supreme Court of Tennessee issued an opinion interpreting the retainage provisions in Tennessee’s Prompt Pay Act (the Act). The opinion has significant implications for construction projects across Tennessee....more
7/30/2021
/ Civil Monetary Penalty ,
Construction Industry ,
Construction Project ,
Contractors ,
Escrow Accounts ,
Prompt Payment ,
Retainage ,
Statutory Penalties ,
Subcontractors ,
Third-Party ,
TN Supreme Court
While neither of the recent cases discussed below establishes new law, they serve as good reminders of principles and requirements that can be important to participants in construction projects in Tennessee. The first case,...more
9/21/2020
/ Appeals ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Contract Disputes ,
Contract Terms ,
Homeowners ,
Oral Contracts ,
State and Local Government ,
Subcontractors ,
Time is of the Essence ,
Unlicensed Contractors
This Construction Law Alert highlights some of the significant Tennessee state and federal decisions affecting the construction industry from the past year.
Holdback Payments Are Not Retainage -
Tennessee’s Prompt Pay...more
1/15/2020
/ Bad Faith ,
Breach of Contract ,
Construction Contracts ,
Construction Disputes ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
False Claims Act (FCA) ,
General Contractors ,
Homeowners ,
Property Owners ,
Question of Fact ,
Retainage ,
Statute of Limitations ,
Subcontractors