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 Public Chapter 142, signed by Governor Lee and effective as of April 5, 2019, repealed Tennessee Code Annotated § 66-21-108.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 ||

Construction One-Minute Read: Illinois Restricts Retainage On Private Construction Projects

Every private construction project in Illinois will be affected by a new law, effective immediately. The Contractor Prompt Payment Act (815 ILCS 603/1, et seq.) was amended to restrict the use of retainage on construction projects. Specifically, no construction contract may withhold more than 10 percent in retainage prior to 50 percent completion of the contract. When a construction contract is 50 percent complete, retainage must be reduced to no more than 5 percent […]

By | November 17th, 2019 ||

2019 Construction Conference Insights: Minimizing Liability When Accidents Happen

Three Ward and Smith attorneys discussed how construction companies could reduce their risk of accidents and limit their liability—an essential consideration for an industry where the work carries inherent risks.
Attorneys Bill Durr, Jeremy Wilson, and Will Oden hosted a panel on accidents and liability during the 2019 Construction Conference, “Framing Your Business Agenda for the Future.”  Bill Durr is a civil litigator with substantial experience in these matters.  Jeremy Wilson leads the firm’s Personal Injury Practice Group, and […]

By | November 6th, 2019 ||