Practice Areas and Legal Definitions

Tennessee Design Deficiencies:

Sometimes serious construction defects result from fundamental flaws in design of the structure. Unduly complex roof structures may result in leakage and water damage. The use of inappropriate building materials may have the same effect and many serious construction defects are caused by inadequate or improper provision for drainage.

Tennessee Poor Workmanship Lawsuits:

Of all the potential causes of construction defects, poor workmanship may be the most common, although this may not be immediately apparent. However well designed the roof structure, and however appropriate the building materials, poor workmanship will often cause the roof to fail. Serious electrical and plumbing problems, termite and other pest infestation, ineffective sound and heating insulation - any one or all of these may be the consequence of shabby construction work.

Tennessee Contractors State License Board Hearings:

Under Tennessee law, it is a crime to engage in the construction business unless you are licensed by the state to do so. One of the licensing requirements is that each General Contractor posts a bond. If you are the victim of shoddy workmanship on your construction job, you can bring a civil action against the contractor and you can also make a claim against the bond. You can also file a formal complaint with the Tennessee Contractors State License Board and if warranted the ARC may initiate disciplinary proceedings against your contractor. Licensed General Contractors are entitled to be represented by a lawyer in any disciplinary hearings and those who fail to do so risk forfeiture of their licenses.

Tennessee Construction Defect Insurance Coverage Issues:

Whether you are a general contractor or a consumer, one of the most complicated areas of construction defect litigation is the identification of available and applicable insurance coverage in force. Insurance carriers are seldom enthusiastic about volunteering to cover a particular claim. Aggressive Tennessee construction law lawyers, such as those from Less, Getz & Lipman, PLLC, will know where and how to identify available insurance coverage as well as how best to present a claim against it.

Tennessee Construction Defect Mediation and Arbitration:

The litigation of construction law civil actions is always complex and can be extremely expensive, particularly once it becomes necessary to engage the services of expert witnesses to give testimony at the trial. The litigation process is often lengthy and tedious and the issues are often extremely technical and can be very confusing to a judge or jury lacking actual construction experience. For these reasons, it is often advantageous to consider mediation or arbitration of your claim. The court is not involved in the arbitration and/or the mediation process, so there is neither a judge nor jury. Instead, a highly experienced and knowledgeable construction law attorney (chosen by both sides) acts as a mediator or arbitrator.

If you or someone you know in Memphis, or throughout Tennessee, needs the assistance and trusted legal advice of an experienced construction lawyer, please call Less, Getz & Lipman, PLLC today at 866-435-2793 x 219, or complete the contact form provided on this site to schedule your free initial consultation.

Construction Frequently Asked Questions

The following information includes frequently asked questions about construction law. The answers stated are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting the Memphis construction law attorneys of Less, Getz & Lipman, PLLC, you can receive a personal consultation regarding your specific legal claim.

What is the legal basis of a construction defect lawsuit?

The answer to this question is that there may be several. Obviously, the construction will have been performed under some kind of contract - therefore one aspect of the civil action will likely seek damages for “breach of contract." Contractors are subject to the same legal duty as everyone, to exercise ordinary care to avoid subjecting others to unreasonable risks of harm. Under some circumstances, a construction defect claim may be in the form of a negligence lawsuit. Other legal theories of recovery may include products liability and/or breach of warranty and negligent or intentional misrepresentation.

Is there a time limit for pursuing a construction law claim?

Yes. All civil actions including construction law actions are subject to one or more Statutes of Limitations. A statute of limitations is a law that limits the amount of time during which a lawsuit may be filed. The effect of a statute of limitations is that when the time for filing has expired, the claim is permanently barred. In other words, once the statute has lapsed, you can no longer receive any financial compensation whatsoever, regardless of the merits of your claim.

Statute of limitations issues are very technical and can be extremely complicated, especially in construction defect cases due to the various legal theories under which the lawsuit may proceed. For example, the statute of limitations for a negligence claim provides a much shorter time limit for filing a lawsuit than may apply for other types of claims. Thus, delay in filing could result in dismissal of one part of your lawsuit as untimely, even though other parts might be permitted to go forward. A qualified lawyer with experience and expertise in the various aspects of construction law litigation can assist you in making certain that your claim is not thrown out of court due to a late filing.

What is mediation?

Mediation is a voluntary process that is often helpful in resolving construction defect conflicts without the need for litigation. Both sides join in selecting a highly qualified and experienced construction defect attorney to act as mediator. Then the attorneys for both sides prepare and submit documents and written arguments in support of their respective positions. After reading and considering the documents, the mediator then meets with the parties and their lawyers and will usually have questions to ask of both sides. Ultimately, the mediator will offer his/her opinion as to the legal merits of both sides and will tell the parties and their lawyers how he/she thinks the case will turn out if it proceeds to trial. Finally, the mediator will suggest what he/she feels would amount to a fair and reasonable settlement. Both sides should give very serious consideration to his/her opinion. He/She is after all the expert they have themselves selected to assist them in resolving the conflict. But the process is not binding, and both parties have the right to ignore the suggestions of the mediator and proceed to litigate the issues.

What is the charge for legal representation in construction law cases?

There is no charge for an initial consultation to determine how Less, Getz & Lipman, PLLC can best serve your needs. You will find the fee schedule reasonable and competitive and as with any other business transaction, you have a right to know exactly what you are paying for and how much it is going to cost. We welcome any questions regarding legal fees and when an agreement has been reached on the fees in your case, a staff member will prepare a written contract including the agreed-upon terms for you to review and sign, and you will receive a copy of it. At Less, Getz & Lipman, PLLC, there are neither hidden costs nor fee surprises.

If you or someone you know in Memphis, or throughout Tennessee, needs the assistance and trusted legal advice of an experienced construction lawyer, please call Less, Getz & Lipman, PLLC today at 866-435-2793 x 219, or complete the contact form provided on this site to schedule your free initial consultation.

Professional Profile

Less, Getz & Lipman, PLLC was founded in Memphis, Tennessee in 1980 primarily to handle dispute resolution, contract drafting, contract negotiations and transactional matters for clients engaged in the construction industry. At the Firm you will find a comfortable yet professional atmosphere where a seasoned construction attorney will meet personally with you to deliver legal advice and services with understanding and skill.

Firm Address:

Less, Getz & Lipman, PLLC
100 Peabody Place, Suite 1000
Memphis, TN 38103
Telephone: 866-435-2793 x 219

Free initial consultations

Michael I. Less, Attorney

Michael I. Less received his B.A. from University of Missouri, graduated from Memphis State University School of Law and is admitted to practice before all state and federal courts in Tennessee, including the U.S. District Courts, Western and Middle Districts of Tennessee, and U.S. Courts of Appeals, Third and Fifth Circuits.

Practice Areas:

• Construction
• Fidelity and Surety

Memberships:

• Memphis Construction Professionals Council
• Legal Rights Committee, Associated Builders and Contractors
• Forum Committee for the Construction Industry
• Member, Panel of Arbitrators, American Arbitration Association
• Member, Memphis, Tennessee and ABA ( Western Tennessee Advisory Council; Vice Chairman, Fidelity and Surety Committee, Tort and Insurance Practice Section)
• Defense Research Institute (Vice-Chairman, Fidelity and Surety Committee)
• Fellow, American College of Construction Lawyers
• Member, International Association of Gaming Attorneys

Publications:

• Tennessee Construction Law , Professional Education Systems
• "Handling Fidelity, Surety & Financial Risk Claims" & " Tennessee Law Practice Series"
• Defenses of the Surety
• "Turning the Tide in the Tank, a Discussion of the Surety's Options in the Event of the Contractor's Bankruptcy"
• Tennessee Construction Law and Mechanics' Liens
• Review of 1987 Edition of AIA Forms
  Preparation and Drafting Construction Contracts, Tennessee Bar Association
• Protecting the Owner's Interest in Construction Contracting, Pickering Seminar
• Tennessee Construction Laws, Tennessee Bar Association
• Building & Construction Agreements in Tennessee
• "Place Your Bets - and Your Insurance - on a Casino Construction Project." American Bar Association
• Casino Construction - The New Mecca or Money Pit, Construction Financial Management Association
• Tennessee Construction Law; The Cambridge Institute

Presentations of Construction Law Topics:

• Tennessee Construction Law, Professional Education Systems
• Protecting the Owner's Interest in Construction Contract, Pickering
• Tennessee Construction Law, Cambridge Institute

Joseph T. Getz, Attorney

Joseph T. Getz received his B.B.A. from University of Mississippi, graduated from Memphis State University, Phi Alpha Delta, and is admitted to practice before all state and federal courts in Tennessee and Mississippi, including U.S. District Court, Western District of Tennessee, U.S. District Courts, Northern and Southern Districts of Mississippi, U.S. Court of Appeals, Sixth Circuit as well as U.S. Claims Court.

Practice Areas:

• Construction
• Fidelity and Surety

Professional Memberships & Activities:

• Memphis, Tennessee, Mississippi and American Bar Associations: ABA Vice-Chairman, Fidelity and Surety Committee, Tort and Insurance Practice Section; Member, Forum Committee for the Construction Industry
• Tennessee Bar Association: Special Committee on Mechanic's Lien Law
• Defense Research Institute: Fidelity & Surety Committee
• Association of Attorney Mediators.
• American Arbitration Association ( ABA): Construction Panel Member
• ABA Forum Committee on Construction/TIPS Joint Meeting: Program Liason, Covering the Design Waterfront: Insuring Projects with Fragmented Design.
• Construction Financial Management Association: Associate Member
• Associated Builders & Contractors: Associate Member
• Frequent lecturer on construction, surety and fidelity law topics to construction groups and bar organizations, including the ABA, Forum Committee on Construction, TIPS Fidelity & Surety Law Committee, Associated Builders & Contractors and the American Subcontractors Association.

Publications:

• Tennessee Construction Lien Law
• Construction Contracting for Public Entities in Tennessee
• Indemnity of the Contract Surety , in Construction Law Handbook (Cushman and Myers)
• Collateral: What to Take, How to Take It, and What to Do With It Once You Have It (ABA, Tort & Insurance Practice Section 1998, reprinted in The Brief)
• Tennessee Construction Law: What Do You Do When...?
• Building and Construction Documents, in Tennessee Practice Series 12
• Fiduciary Bonds and Appeal/Supersedes Bonds , in Handling Fidelity & Surety Claims
• Design/Build and Construction Management
• Obtaining Financing From Your Surety, Miller Act Payment Bond: Pyramids and Privity

Clifton M. Lipman, Attorney

Clifton M. Lipman received his B.B.A. and M.B.A. from Memphis State University, graduated from Memphis State University School of Law and is admitted to practice before all state and federal courts in Tennessee, including U.S. District Court, Districts of Tennessee, U.S. Court of Appeals, Sixth Circuit and the U.S. Supreme Court.

Practice Areas:

• Construction
• Fidelity and Surety
• Business
• Corporate

Professional Memberships:

• Member, Memphis State University Law Review
• Former Adjunct Professor of Law, Herff School of Engineering, University of Memphis
• Former General Counsel, West Tennessee Chapter, American Subcontractors Association
• Member, American Arbitration Association
• Member, Panel of Arbitrators and Mediators, American Arbitration Association
• Member, Tennessee Construction Advisory Council - American Arbitration Association
• Member, Memphis, Tennessee and American Bar Associations (Member: Fidelity and Surety Committee, Tort and Insurance Practice Section, Litigation Section; Forum Committee for the Construction Industry, Alternative Dispute Resolution Section)
• Member, Memphis-Shelby County Bar Association
• Member, American Subcontractors Association
• Member, Construction Specifications Institute
• Member, American Institute of Architects (Associate Member)
• Member, AGC and ABC (Associate Member)

Publications/Lectures:

• Co-author of numerous books and articles on Construction Law topics.
• Frequent lecturer on construction law topics for construction groups and organizations including CSI, American Subcontractors Association National Convention and American Bar Association Construction Forum National Seminar

Alternative Dispute Resolution Experience:

• Arbitrator since 1989 in multi-party, multi-million dollar claims as lawyer and arbitrator
• Mediator since 1994 in numerous matters
• Tennessee Rule 31 Mediator
• Federal Court Panel of Mediators
• American Arbitration Association Panel of Mediators

Christopher M. Caputo, Attorney

Christopher M. Caputo received his B.A. from Colgate University, graduated from University of Miami School of Law and is admitted to practice before all state and federal courts in Rhode Island, Massachusetts and Tennessee.

Practice Areas:

• Construction Law
• Surety Law
• Insurance

Professional Memberships:

• ABA : Chairman, Forum on Construction Industry, Young Lawyers Division

John D. Willet, Attorney

John D. Willet received his B.A. from University of Southern Mississippi, graduated from University of Memphis School of Law and is admitted to practice before all state and federal courts in Tennessee, including U.S. District Court, Districts of Tennessee.

Practice Areas:

• Construction Litigation
• Business Litigation
• Fidelity and Surety
• Insurance Defense
• Contract
• General Civil Litigation
• Corporate

Professional Memberships:

• Member: University of Memphis Law Review
• Editor, Tennessee Journal of Practice and Procedure
• Member: Memphis, Tennessee and American Bar Associations; Member: Tort, Insurance and Fidelity Sections and Forum Committee for the Construction Industry; Member: Steering Committee, Division Four; Technology Committee
• Member: Tennessee Association of Construction Counsel