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Construction Litigation

WHEN CONSTRUCTION DISPUTES OCCUR, WHETHER BETWEEN GENERAL CONTRACTORS AND SUB-CONTRACTORS, CONSTRUCTION COMPANIES, PROPERTY OWNERS OR OTHER PARTIES, GLANKLER BROWN IS PREPARED TO RESOLVE THE DISPUTES.

While some construction related disputes may be resolved through negotiation, mediation or arbitration, others will require litigation.

Glankler Brown’s construction attorneys possess years of experience in construction law and represent a wide range of clients in construction litigation in Tennessee. We have successfully represented general contractors, prime contractors, sub-contractors, construction managers, owners, developers, architects and engineers in numerous and extensive disputes. Our goal is to obtain cost-effective successful resolutions.

The following litigation matters encompass our firm’s experience in this area:

  • Construction defects
  • Architectural and engineering professional liability defense
  • Breach of contract — non-payment claims and delay or acceleration claims
  • Construction Arbitration & Mediation
  • Payment disputes, including Prompt Pay Act actions
  • Unlicensed contractor claims
  • Mechanics’ and Materialmen’s lien foreclosure and enforcement actions
  • Mechanics’ and Materialmen’s liens exaggeration claims
  • Construction defects or failures, including architectural and engineering malpractice
  • Changed or unforeseen site conditions
  • Change order or extra work disputes
  • Scope of work disputes
  • Termination disputes
  • Property damage, including insurance subrogation defense
  • Bond and security actions, including payment and performance bond actions

One of the most common areas our construction lawyers handle is mechanics’ and materialmen’s lien law. These liens are valuable mechanisms that general contractors, sub-contractors and material suppliers can utilize to protect their rights and their ability to get paid for their work.

After the filing of a mechanics’ lien, enforcement of the lien is sometimes necessary to fully protect our client’s interest. Enforcement of the lien generally involves invoking the power of the court to sell real property to satisfy the lien. Both the proper filing of a mechanics’ lien and an enforcement suit requires extensive legal experience—experience that Glankler Brown’s construction attorneys possess and utilize to the benefit of our clients. On many occasions, a favorable settlement is reached simply because a lien has been properly perfected and enforcement is imminent. We handle all aspects of mechanics’ liens, including, lien preparation, service and filing, foreclosure and enforcement, removal of defective or exaggerated liens, bonding of liens, and defense of lien foreclosure actions.

Glankler Brown is also well equipped to assist you when a construction project commences when it is important to ensure that the terms of a construction contract are negotiated and drafted to protect certain interests and rights. We will review all components of a project, the terms and conditions of the contract, the scope of work, the payment and delivery schedules and other important details. Our construction law attorneys can help contractors, sub-contractors, construction managers, engineers, architects, and property owners in construction contract formation with the drafting and review of construction contracts. By hiring an experienced lawyer to assist you with your contract formation, you can ensure that your needs and requirements are met and that your best interests will be protected throughout the entire contract process.

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