The Law Office of Timothy H. Nichols, PLLCNashville Construction Contract Disputes Attorney | Murfreesboro Real Estate Lawyer | Business Litigation Brentwood Franklin TN2024-03-04T10:32:16Zhttps://www.tnicholslaw.com/feed/atom/WordPressOn Behalf of The Law Office of Timothy H. Nichols, PLLChttps://www.tnicholslaw.com/?p=479912024-03-04T10:32:16Z2024-03-04T10:32:16ZGaps and uneven frames
One of the simplest methods of identifying incorrect window installation is looking for gaps or irregularities around the edges. Such flaws are notorious for allowing the elements in. When searching for these imperfections, remember to examine frames from both sides.
Trouble opening and closing
Windows should glide effortlessly. If one sticks, does not stay open or requires too much force to operate, it likely indicates a poor build job. Misalignment may strain the locking mechanisms, which is bound to cause them to break with usage.
Water leaks
Incorrect window installation lets rain seep inside, leading to interior destruction. The cost of restoring water damage is nothing to scoff at. Indications of leaks include staining and peeling paint. Excessive condensation between double-glazed panes also suggests rainwater is getting in.
Persistent drafts
Beware of indoor breezes near shut windows. Besides being chilly, window drafts negatively impact energy efficiency, causing heating costs to skyrocket. To detect drafts, use the candle method. Hold a lit flame close to the window's borders on a breezy day. If it flickers or the smoke drifts horizontally, air is coming through.
Building owners should contact a professional to recommend an appropriate course of action the moment they notice indications of faulty window installation. Addressing concerns early on is bound to discourage sloppiness on the part of construction workers that would cause further headaches.]]>On Behalf of The Law Office of Timothy H. Nichols, PLLChttps://www.tnicholslaw.com/?p=479902024-02-19T05:19:55Z2024-02-19T05:19:55ZALTA/NSPS land title survey
An ALTA/NSPS land title survey provides comprehensive information about a property's boundaries, improvements and any encumbrances. It follows strict standards set by professional surveying organizations and is often required for commercial real estate transactions. This report ensures that you clearly understand the property's legal status and any potential issues that may affect your project.
Topographic survey
A topographic survey identifies the terrain and features of your land. It maps out the natural and man-made elements of the site, such as elevation changes, water bodies and existing structures. This information is important when designing your facility and identifying potential obstacles or hazards.
Environmental survey
An environmental survey can identify any potential hazards, such as contamination or wetlands, that may impact your project. This helps you comply with environmental regulations and mitigate any adverse effects on the surrounding area.
Geotechnical survey
A geotechnical survey evaluates the soil and subsurface conditions of your site. It provides data about the soil's strength, stability and bearing capacity, which is necessary for designing foundations and determining construction methods.
Starting a commercial construction project requires thorough planning and preparation. These surveys provide valuable data that can guide the process. By investing in the right surveys upfront, you can avoid costly delays and disputes and set the stage for a successful enterprise.]]>On Behalf of The Law Office of Timothy H. Nichols, PLLChttps://www.tnicholslaw.com/?p=479892024-02-05T10:08:25Z2024-02-05T10:08:25Z1. Uncover ownership disputes
A title search can reveal any disputes or conflicting claims to ownership of the property. Without a thorough investigation, you could find yourself in the midst of a legal battle over who rightfully owns the home. By conducting a title search, you can ensure that the seller has the legal right to transfer ownership to you.
2. Identify liens or encumbrances
Liens or encumbrances on a property can restrict your ability to use or sell the home freely. These could include unpaid taxes, outstanding mortgages or unpaid contractors' bills. A title search will uncover any existing liens or encumbrances, allowing you to address them before finalizing the purchase.
3. Protect your investment
Buying a home is one of the most significant investments you will make in your lifetime. A title search helps protect your investment by providing peace of mind that the property is free and clear of any legal issues that could jeopardize your ownership rights.
4. Prevent future legal headaches
Discovering title issues after closing on a property can be a costly and time-consuming ordeal. By conducting a title search upfront, you can prevent future legal headaches and potentially save yourself from expensive litigation down the road.
With home prices expected to dip 1.7% during the next year, the time may be prime for finally buying a new home. Before taking the leap, due diligence is a must to enjoy your investment without unexpected hassles.]]>On Behalf of The Law Office of Timothy H. Nichols, PLLChttps://www.tnicholslaw.com/?p=479872024-02-01T10:05:13Z2024-02-01T10:05:13ZTennessee courts allow mediation in any case.
What is mediation?
Mediation is a confidential and informal process. A mediator is a neutral third-party who helps all parties come to a resolution without the need for court intervention.
You are not required to attend or participate in mediation. It is generally a voluntary process. Even if you attend mediation, you are not required to come to an agreement on your dispute, although you should make a good faith effort to resolve it.
There are many reasons that mediation is effective in construction contract disputes. Construction projects involve many tight deadlines and a project is usually put on hold during a dispute.
Saved time and money
You are more likely to resolve your dispute quicker through mediation than litigation. Mediation is a meeting, or series of meetings, which can usually be scheduled and held within a matter of weeks. This is much better than waiting months or a year or more for a court hearing.
The time saved from mediation also usually means less cost for everyone involved. Mediation is typically more cost-effective than litigation.
Mediation offers you more flexibility. You and the other side can tailor your agreement or resolution to your specific needs.
This is especially important in construction disputes, where the situation and issues can be unique and varied. Construction disputes often involve technical details and complex legal provisions which you might not want to leave up to a judge to interpret and decide on.
Preservation of relationships
Many construction projects involve owners, contractors and subcontractors who have worked together on several projects and have long-term relationships. Mediation helps preserve these relationships because it is a non-adversarial process.
Litigation involves two sides making arguments and a judge deciding for everyone. Mediation allows both sides to argue their positions to a mediator who then offers suggestions for mutually beneficial resolutions and encourages a collaborative, helpful environment.
This reduces the chance that long-term working relationships will be damaged or destroyed.
Unlike a judge, a mediator does not have the power to make decisions or order outcomes. Even if you do not reach an agreement at mediation, the process can give you an idea of the other side’s position. This increases the chance of eventually negotiating a solution.]]>On Behalf of The Law Office of Timothy H. Nichols, PLLChttps://www.tnicholslaw.com/?p=479862024-01-23T11:41:49Z2024-01-23T11:41:49Z1. Unforeseen site conditions
One primary reason for contract cancellation is the discovery of unforeseen site conditions. Despite thorough assessments during the pre-construction phase, hidden challenges may emerge during the actual work. These could include issues such as soil instability, hidden structures or environmental concerns.
2. Financial challenges
Financial stability is important for the successful completion of any construction project. If a contractor faces unexpected financial challenges, such as a shortage of funds, difficulty in securing necessary financing or unforeseen economic downturns, canceling the contract may become a necessary business decision. This ensures that contractors avoid taking on projects they cannot afford to complete.
3. Client breach of contract
While contracts establish mutual obligations, there are instances where the client fails to uphold their end of the bargain. This could involve failure to make timely payments, changes in project requirements without proper negotiations or other breaches of contract terms.
4. Force majeure events
External factors beyond the contractor's control, known as force majeure events, can impact the ability to fulfill contractual obligations. These events may include natural disasters, political instability or other unforeseen circumstances that make it impossible or impractical to continue the project.
5. Project abandonment
In some cases, a contractor may decide to cancel a construction contract due to project abandonment by the client. If the client ceases to show interest or stops participating in the project, leaving the contractor without direction or support, cancellation may be a strategic choice to mitigate potential losses.
Understanding the reasons behind a contractor's decision to cancel a construction contract is important for both parties. It promotes transparency, mitigates risks and allows for more informed decision-making in the complex realm of construction projects.]]>On Behalf of The Law Office of Timothy H. Nichols, PLLChttps://www.tnicholslaw.com/?p=479852024-01-10T08:06:18Z2024-01-10T08:06:18ZUnderstand the claim
First and foremost, grasp the nature of the alleged breach. Identify the specific contract terms in question. This process allows you to present a clear defense that addresses the issue.
Thoroughly review the contract in question. Pay close attention to performance timelines, deliverables and any clauses related to unforeseen circumstances. Understanding the terms helps you articulate your case more effectively.
Communicate effectively
Discuss the alleged breach openly and professionally with the other party. This approach shows your commitment to a resolution. It can also uncover potential misunderstandings that you can rectify amicably.
Keep documentation
Gather records of all communication, changes and project developments. A comprehensive paper trail is valuable if the breach of contract charge escalates.
Mitigate damages
According to a study, the average value of construction disputes in North American courts was $42.8 million at the end of 2022. You can minimize costs and prevent further complications by addressing the breach promptly. Quick action toward a solution can reduce the impact on both parties.
Consider mediation to resolve the dispute outside of the courtroom. This collaborative approach can be more cost-effective and less time-consuming than legal proceedings. When successful, it can foster a more positive outcome for all parties involved.
Know your rights
Familiarize yourself with your rights under Tennessee law. Understanding the legal landscape enables you to make informed decisions. Legal knowledge helps you manage the breach of contract charge more effectively.
Your construction company can overcome this hurdle with a proactive and strategic approach. When you know the steps to take, you can protect your company's interests and maintain a professional reputation in the industry.]]>On Behalf of The Law Office of Timothy H. Nichols, PLLChttps://www.tnicholslaw.com/?p=479842024-01-03T06:54:45Z2024-01-03T06:54:45ZWhat is an SPE?
An SPE is a distinct legal entity created for a specific business purpose. In Nashville real estate, this often involves isolating a particular property or project from the broader financial activities of an investor or developer. By doing so, an SPE can shield other assets from potential risks associated with that specific venture.
Why would lenders insist on SPEs?
Lenders seek assurance when extending financing for real estate ventures. An SPE provides a clear boundary, limiting the lender's exposure to the assets within that entity. By isolating the financed property within its entity, the lender gains more direct control over the collateral. This potentially improves the chances of recovering funds in case of default.
When financing a specific real estate project, lenders may require the creation of an SPE to ensure that funds allocated for that endeavor are exclusively used for its development. This targeted approach helps streamline financial oversight and reduces the risk of misallocation.
Year over year, Nashville's population continues to rise, with a 1.62% increase over 2022. As a hot spot to live, the city's real estate market continues to thrive. Grasping the role of SPEs is integral for investors seeking to thrive in the booming real estate scene.]]>On Behalf of The Law Office of Timothy H. Nichols, PLLChttps://www.tnicholslaw.com/?p=479832023-12-18T06:55:01Z2023-12-18T06:55:01ZInitiating a protest
When dissatisfied with the outcome of a commercial real estate bidding process, your first step is to initiate a protest. Clearly articulate your concerns regarding the bid evaluation or selection process. Title 12 of the Tennessee Code empowers bidders to challenge unjust or biased decisions.
To strengthen your case, identify specific grounds for your protest. Common reasons include discrepancies in the bidding documents, unfair evaluation criteria or violations of the procurement rules. Communicate how these factors have impacted the fairness of the process.
Upon initiating a protest, the procurement officer responsible for the bid will review your concerns and respond within a designated period. You can escalate your protest to a higher authority if the matter remains unresolved.
Dispute resolution
Mediation or negotiation with the involved parties might offer a swifter resolution without resorting to a lengthy legal battle. Engaging in these alternatives can be a strategic move to protect your interests while maintaining a cooperative relationship with other stakeholders.
Court procedure
Tennessee law grants bidders the right to challenge procurement decisions in a court of law. Pursuing this legal recourse becomes viable if other options fail. Consider this choice a last resort due to the potential time and resource investments.
If you feel a contract award was improper, a bid protest is important to ensure procurement is fair and competitive. The Government Accountability Office report states that 57% of protests received relief in 2023. Understanding the bid protest landscape and your legal options is pivotal for securing a just resolution to your concerns.]]>On Behalf of The Law Office of Timothy H. Nichols, PLLChttps://www.tnicholslaw.com/?p=479812023-12-07T06:19:49Z2023-12-07T06:19:49ZOne of the best ways to secure payment on the materials that you’ve provided is to file a lien against the property until payment is secured. These liens are commonly used in the construction world, but all too often their benefits are watered down due to misuse and misunderstandings of the lien process. Therefore, if you’re thinking about using a lien to coerce payment on debt owed, you should be sure to avoid some common mistakes.
Construction lien errors you’ll want to avoid
The construction lien process can seem straightforward, but in reality, its fraught with complications. Matters can become even more convoluted if you make the following mistakes:
Waiting too long to file the lien: State law dictates the timeframe during which you have to file for your lien. If you blow past that deadline, then you’re going to be in a position where it’s a lot harder to recover the money you’re owed.
Lacking detail: When you file for a lien, you’re going to have to provide certain details to satisfy state law. If your request is lacking in any way, then it might be denied, putting you back at square one.
Identifying the wrong owner: For a lien to be valid, it has to correctly name the owner of the property upon which the lien is being placed. In many instances, though, requests for a construction lien name the wrong person or entity as the owner, which renders the lien invalid, costing you time and money, and leaving you without the enforcement mechanism you need.
Misconstruing the debts owed: When you seek a lien, you need to be honest and accurate about the debt owed. If you inflate the numbers, then your lien will be deemed illegally obtained, and you might find yourself in deep trouble.
Improperly serving documentation: The lien will only be effective if it’s properly served on the property owner. This is a legal technicality, but if you fail to abide by it, then you’re going to find yourself facing significant delays.
Relying on promises to pay: When you threaten to get a lien, a debtor might make all sorts of promises to make good on what they owe. Far too many creditors fall for this and as a result they hold off on seeking a lien. This makes it harder for them to recover the debt owed when it continues to go unpaid. So, be firm in the action that you decide to take.
These are just some of the mistakes that can be made along the way when trying to secure a lien. So, be diligent throughout the process so that you’re not working against yourself.
Are you facing payment issues related to material supplies?
If so, then now is the time to figure out how to protect your interests and your rights. You might have several paths to success, so choosing the one that’s right for you will require careful analysis of the facts of your situation and what you hope to get out of the process. Fortunately, help is available if you need assistance navigating the payment issues you’re facing.
]]>On Behalf of The Law Office of Timothy H. Nichols, PLLChttps://www.tnicholslaw.com/?p=479782023-12-06T04:24:09Z2023-12-06T04:24:09ZNon-payment for services
It costs anywhere from $130 to over $500 per square foot of residential space in Tennessee to build a home. It is up to the project owner or developer to ensure that every contractor receives fair payment for the build. Contractors and subcontractors invest their labor and resources into a project and when they do not receive compensation, the construction lien is how they can secure debt.
Preserve the right to compensation
A construction lien can also serve as a proactive measure to preserve the right to compensation. When contractors file a lien, they assert their claim to the property's value and signal to the owners that the outstanding debts need payment. In this instance, the lien serves as a legal tool for timely payments but also secures a claimant's position if he or she needs to take legal action.
Encourage fairness
Construction liens can help keep property owners and project managers fair. Stakeholders will adhere to contractual agreements and timelines because they do not want to have to deal with the imposition of a lien. Most people prefer transparency, accountability and ethical business practices. A lien forces stakeholders to remain transparent.
Construction liens are not always punitive. In some cases, they may preserve the continuity of a construction project. Addressing payment issues promptly allows construction parties to maintain momentum.]]>