It’s Crucial To Correctly Classify Workers In Construction

Independent contractors are often utilized in the construction industry due to short-term needs and the many trades associated with construction projects. In an authored article published by Construction Executive, Lariza Hebert discusses the “common law” test to determine if someone is an employee or a contractor. She also advises conducting self-audits as a cost-effective way to stay on top of your classifications. In her conclusion, Lariza states, “If there is any doubt whether a worker […]

By | December 14th, 2019 ||

Build It And They Will [Sue]

Virginia F. Kleist and Daniel Stern owned own lakefront properties within the Chautauqua Shores subdivision. All property owners were subject to covenants and restrictions that were filed in 1962, when the subdivision was developed. The covenants and restrictions give “each and every owner of land in [the subdivision] . . . the right to enforce the same by appropriate court proceedings.”

In December 2014, Stern purchased his property with plans to demolish the existing house […]

By | December 3rd, 2019 ||

New Construction Lien Legislation In Tennessee

New legislation in Tennessee has limited the recovery of attorney’s fees, expenses, and actual and liquidated damages in instances where a real property owner seeks to enforce a lien. Public Chapter 142, signed by Governor Lee and effective as of April 5, 2019, repealed Tennessee Code Annotated § 66-21-108. Section 108 provided that an owner who prevailed in an action challenging the validity of a lien was entitled to recover reasonable attorney’s fees, costs […]

By | November 27th, 2019 ||