Lian Skaf | The Subrogation Strategist For subrogation practitioners dealing with an installation-based statute of repose, knowing what is an improvement to real property is the first battle in what can, but does not have to be, a long fight. Like many other states, Tennessee’s statute of repose bars claims based on improvements to real… Continue reading Tennessee Looks to Define Improvements to Real Property
Tag: Tennessee
Significant 2019 Tennessee Construction Decisions
Allison Wiseman, Brian Dobbs and Ryan Lee | Bass, Berry & Sims 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 Act (PPA) requires all retainage withheld on construction projects to be deposited into… Continue reading Significant 2019 Tennessee Construction Decisions
New Construction Lien Legislation In Tennessee
Kathryn K. Van Namen | Butler Snow | August 26, 2019 Changes to Remedies in Lien Enforcement Actions 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… Continue reading New Construction Lien Legislation In Tennessee
Think Twice About Depreciating Repair Costs in Our State, says the Tennessee Supreme Court
Andres Avila | SDV Insights | June 11, 2019 Tennessee’s Supreme Court recently held that an insurer may not withhold repair labor costs as depreciation when the policy definition of actual cash value is found to be ambiguous. Tennessee joins other states like California and Vermont that prohibit the depreciation of repair labor costs in… Continue reading Think Twice About Depreciating Repair Costs in Our State, says the Tennessee Supreme Court
Tennessee High Court Excludes Labor Costs from Insurer’s Actual Cash Value Depreciation Calculations
Michael S. Levine and Geoffrey B. Fehling | Hunton Andrews Kurth | April 24, 2019 The Tennessee Supreme Court has refused to construe an ambiguous definition of actual cash value to allow for deduction of labor costs as part of depreciation calculations where that subset of repair costs are not clearly addressed in the policy. Despite the… Continue reading Tennessee High Court Excludes Labor Costs from Insurer’s Actual Cash Value Depreciation Calculations