Seasoned Construction Law Attorneys Proudly Serving Tennessee
When navigating a construction law conflict, you need legal professionals who understand the ins and outs of the industry. Whether you are building a high-rise or are embroiled in a dispute with a subcontractor, our team at Kuebler & Associates, PLLC, has been there and done that.
Our founder, Michael Kuebler, has decades of experience in this area and can provide the hands-on representation you need to succeed. He has constructed properties throughout the United States and participated in projects as an investor, business owner, subcontractor and general contractor.
Attorney Chanse Hayes also brings a wealth of experience representing owners, general contractors and subcontractors throughout all stages of construction projects. His experience spans contract drafting to dispute resolution involving construction defects and delays. Additionally, Attorney Hayes provides advice to small- and mid-sized businesses on corporate matters and commercial disputes, and assists clients in estate and fiduciary litigation.
These varied perspectives make our law firm in Chattanooga a smart choice for contractors and property owners alike. We are ready to advocate for you and will provide your case with the sophisticated level of attention it deserves.
Providing A Full Spectrum Of Construction Law Services
Many construction-related issues can be proactively avoided through preventative measures. Some disputes are inevitable, however. When a conflict arises, you can trust that our attorneys have experience with that issue, argument or problem. We can offer you the fierce advocacy you need to resolve your dispute efficiently. We know how to apply nickel solutions to nickel problems. If necessary, we are prepared to litigate and win.
Our firm can assist you with matters involving:
- Contract drafting and review: Whenever you participate in a construction project, you need a legal agreement that defines your rights and obligations, even if the other participants are trusted friends. Contractual language should be straightforward and easy to understand. We can help you write, review, negotiate, finalize and enforce construction-related contracts.
- OSHA compliance: The Occupational Safety and Health Administration (OSHA) enforces a variety of regulations that apply to construction work sites. We can ensure your work site is in full compliance and take immediate steps to resolve any issues.
- Insurance: If you are a contractor or subcontractor, we can help recommend the appropriate level of general liability insurance. If you are a property owner, we can advise on the applicable course of construction and workers’ compensation insurance policies.
- Manuals: To limit the likelihood of an accident and resulting potential liability, our firm can assist construction professionals with the drafting and implementation of “best practices” manuals and other published safety protocols.
- Changed site conditions: A worker, contractor or subcontractor may discover an unexpected problem that may jeopardize their ability to complete a construction project on time or on budget. Changed site conditions may prompt a proposal to change the scope of work, and this request may be contested by the property owner. We can help both sides explore their options for resolving these disputes.
- Construction defects: Deficiencies in a building’s construction can result in serious issues, including property damage, financial losses and physical injuries. Developers, contractors and subcontractors can potentially be held accountable for problems with a project’s design, materials, and construction. We can help property owners explore litigation. We also represent construction professionals in these cases and can advise on how to proactively avoid liability.
- Weather delays: No one controls the weather, and a series of adverse events can result in unavoidable delays. Ideally, construction professionals will account for this possibility in their contracts. If weather delays lead to a contractual conflict, our firm can work with both sides to evaluate potential solutions.
- Mechanic’s liens: General contractors, subcontractors, laborers, suppliers, architects and engineers all have the right to file mechanic’s liens against a property when the owner fails to compensate them for their work. In Tennessee, a construction professional must follow certain rules and meet specific deadlines to successfully file a mechanic’s lien. We are prepared to help construction professionals exercise their rights and secure the payment they deserve. We can also advise property owners on how to avoid and efficiently resolve mechanic’s liens.
With years of firsthand construction experience, you can trust our team to have the knowledge and skill necessary to help you resolve your dispute or concern. As an experienced litigators and mediators, we will do whatever it takes to resolve your case and help you meet your goals.
A Primer On Tennessee Construction Regulations
Tennessee is a strict compliance state, meaning that the courts expect close adherence to the letter of the law under the Tennessee Contractors’ Licensing Act. For projects exceeding as little as $3,000, a valid state license could be mandatory. Operating without a license or above your monetary limit can lead to the surrender of profits and the inability to enforce a contract.
Furthermore, Tennessee’s Prompt Pay Act is a powerful tool for contractors and subcontractors. It requires payments from the owner to the prime contractor and down to the subcontractor within specific timeframes. It also requires separate, interest-bearing escrow accounts for retainage from projects over $500,000. Failure to comply can result in a penalty of $300 per day.
Common Construction Law Mistakes And How To Avoid Them
The most common mistake in Tennessee construction is relying on a handshake deal for high-value projects. Here are some other common pitfalls that lead to construction disputes:
- Failing to document change orders. Always get changes in writing, with a signature.
- Improper licensing. Always perform work within your monetary limit and with the required classifications from the Tennessee Board for Licensing Contractors.
- Neglecting the notice to cure. Instead, give a subcontractor or contractor a formal, written opportunity to fix a defect before terminating them.
- Failing to place retainage into a separate, interest-bearing escrow account for projects over $500,000. It is always wise to avoid commingling retainage.
- Proceeding without verified certificates of insurance (COIs). Obtain COIs to avoid liability for on-site accidents.
To avoid these traps, treat your contract as a living document that you update as the project evolves. Implement a rigid system for compliance. If a conflict does arise, you have a clear, enforceable paper trail for protection.
How Long Do I Have To File A Mechanic’s Lien In Tennessee?
Tennessee Lien laws are complex, and how long you have to record your lien depends on the type of project and your contractual relationship with the owner of the property. Courts will require strict compliance, so missing a deadline, as short as 90 days, can be fatal to your lien claims.
Do I Need A Written Contract For Construction Work In Tennessee?
Tennessee law does recognize some oral contracts. However, written contracts with residential homeowners are mandatory. Regardless, it is always wise to have a written agreement. Not having one leads to arguments over scope, and should the dispute go to litigation, both sides will face an uphill battle.
Work With Experienced Chattanooga Construction Lawyers Now
When you work with our team at Kuebler & Associates, PLLC, you can rest assured that you will receive experienced guidance and tireless advocacy throughout your case. We will work with you to find a solution that protects your rights and keeps your interests in mind. To get started on your case, call 423-822-5915 or complete our online contact form to schedule a consultation.