Thought Leadership

Courts across the country have struggled to keep their dockets moving forward during the pandemic given the limitations imposed by both health and legal restrictions imposed on in-person hearings. One way some courts have dealt with the restrictions is by limiting the parties and witnesses allowe...

It is possible, for any number of reasons, for the actual quantity of land purchased by a buyer to be considerably less than stated on a deed.  Often, a deed will give a survey description which includes a statement of a specific number of acres, only to be followed by the caveat: “more or less.”...

Jones Law, PLLC, is pleased to announce that Zachary Jones (Fayetteville, Tennessee) has been appointed as a member of the House of Delegates for the Tennessee Bar Association, representing the 17th Judicial District. Mr. Jones will serve a four-year term in the House. The 17th Judicial District ...

The Clean Water Act provides the framework for regulating sources of pollutants into the waters of the United States.[1] Section 402 of the Clean Water Act prohibits discharge of any pollutant to the “Waters of the Unites States” (or “WOTUS”) unless authorized by permit. 33 U.S. Code § 1342. Thi...

On April 20, 2021, a federal contractor settled allegations that it violated federal contracting rules by paying the Department of Justice $ 2.5 million. The settlement follows the DOJ's allegations that the contractor was affiliated with a Service Disabled Veteran Owned Small Business (SDVOSB) w...

Project owners, designers, and contractors are often unaware of the extent of insurance coverage available to them under Commercial General Liability (“CGL”) policies. In recent years, courts in many states have construed the standard CGL policy to include broader coverage, especially with respec...

The following is an updated Q&A I originally wrote for Louisville Business First in 2014. It has been updated to reflect some changes since then and I've added some additional thoughts as well. Question: I own a small business that I'm trying to grow. I hear a lot about other companies getting co...

Construction projects involve a great many risks. In projects involving deep foundations or other subsurface work, one significant risk is that the subsurface conditions encountered during construction will differ from either what is expected or is indicated in the geotechnical report or other do...

In August 2014, I presented a contrarian view of “Alternative Project Delivery” focusing much of my skepticism on large Public Private Partnerships (aka P3 or PPP or Mega P3) at the ASCE Pipelines conference in Portland Oregon. The proceedings of that conference included a summation of my present...

You've got to know when to hold 'em; Know when to fold 'em; Know when to walk away; Know when to run. The Gambler Kenny Rogers As a contractor, one of the toughest decisions you face is what to do with a subcontractor that falls behind schedule or otherwise stops performing as agreed.  In theory,...

One of my favorite books of all time is Animal Farm.  In the book a group of farm animals rebel against the farmer, take over the farm, install a communal system, and declare that all animals are equal.  It works well for a while; but eventually the pigs commandeer the farm for themselves replaci...