• CSC20logograyorangenoyear
  • Conference
      • About
        • About the Conference
        • Floor Plan / Sponsor List
        • Sponsors
        • FAQ
        • Contact Us
        • Health & Safety
      • Hotel & Travel
        • Hotel Accommodations
        • Travel Information
      • Attend
        • Why Attend?
        • Registration & Pricing
        • Conference Schedule
        • MCLE Accreditation
        • Speakers
        • Speaker Resources
      • Sponsor
        • Why Sponsor?
        • Sponsor / Inquire
        • Sponsor Resource Center
        • Sponsorship & Advertising
  • News
    • Latest News
  • Subscribe
    • Newsletter Signup
    • Show Updates
  • .
  • Conference
    • About
      • About the Conference
      • Floor Plan / Sponsor List
      • Sponsors
      • FAQ
      • Contact Us
      • Health & Safety
    • Attend
      • Why Attend?
      • Registration & Pricing
      • Conference Schedule
      • MCLE Accreditation
      • Speakers
      • Speaker Resources
    • Sponsor
      • Why Sponsor?
      • Sponsor / Inquire
      • Sponsor Resource Center
      • Sponsorship & Advertising
    • Hotel & Travel
      • Hotel Accommodations
      • Travel Information
  • News
    • Latest News
  • Subscribe
    • Newsletter Signup
    • Show Updates

December 4—6, 2023
Hilton Miami Downtown, Miami, FL

Register Sponsor / Inquire
Q
POPULAR SEARCHES
News + Features
News + Features
News + Features
News + Features
News + Features
News + Features

Latest News

August 30, 2018

TN Court Clarifies the Effect Licensing Limits have Upon Contractors’ Ability to Recover the Amount Owed per a Contract

Latest News
Economic Forecasts | Ethics and Compliance | Infrastructure and Transportation | Insurance and Surety | Latest News | Litigation Strategies/Dispute Resolution | News | Risk & Contract Management | Workforce and Labor
August 30, 2018

TN Court Clarifies the Effect Licensing Limits have Upon Contractors’ Ability to Recover the Amount Owed per a Contract

The court’s ruling ends a discrepancy between somewhat different previous statutory provisions

Most, if not all, states have statutes that stipulate that contractors must obtain contractor’s licenses. (In some states there are exceptions for projects that do not exceed a relatively small dollar amount.)

Unlicensed contractors do not have the same legal recourse as licensed contractors if owners fail to pay them the amount stipulated in a contract. In Tennessee, prior to 2009, unlicensed contrators could only recover for “actual documented expenses.”

The Tennessee Code was revised in 2009. It has been unclear to what extent the Tennessee Code Section 62-6-103 made it more difficult for licensed contractors that do not adhere to all the regulations in Section 62-6-103 to recover for unpaid invoices.

Matthew Devries’ article in BEST PRACTICES CONSTRUCTION LAW examines a TN Court of Appeals ruling that clarifies this issue. Clayton Pickens v. John R. Underwood (Tenn. Ct. App. June 12, 2018)

In this case the contractor was licensed but entered into a contract that exceeded his contractor’s license limit.

The question before the court was whether the provisions of the pre-2009 statute, in effect when the contract was signed, or the more restrictive provisions of the 2009 amended statute, in effect when the lawsuit was filed, applied in determining whether the rules limiting the amount an unlicensed contractor could collect on unpaid invoices applied to a licensed contractor whose license limit was less than the contract amount.

“The court held the old law applied: ‘We believe the date of the contract to be more significant here than the date of the complaint. By the time Pickens filed his complaint, all the operative, underlying events of this case had transpired…The effect of the amendment was to expand the limitation of actual documented expenses to any contractor required to be licensed under the statute and rules, whereas before this limitation only applied to unlicensed contractors…Pickens is not limited retroactively by the provisions of the amended statute.’”

Mr. DeVries ends his discussion with the following admonition— “Currently, the law states that if you exceed your licensing limit or otherwise violate some provision of the licensing laws, you cannot file a lien and your damages will be limited to actual documented expense proven by clear and convincing evidence.”

Source—

“Was Not” versus “Is So”; Court Clarifies Whether Exceeding Monetary License Limit Affects Contractor’s Recovery, Matthew DeVries, BEST PRACTICES CONSTRUCTION LAW, June 18, 2018.

Economic Forecasts•Ethics and Compliance•Infrastructure and Transportation•Insurance and Surety•Latest News•Litigation Strategies/Dispute Resolution•News•Risk & Contract Management•Workforce and Labor

SHARE

Share on Email
Share on Linkedin
Share on Facebook
Share on Pinterest
Share on Twitter
← Previous Article Next Article →
Latest News Latest NewsNews

Survey: Optimism Dims For Private Sector Construction

ARLINGTON, VA - Construction contractors are less optimistic about many private-sector segments than they were a year ago, but their expectations for the public sector market have remained relatively bullish.

Latest News Latest NewsNews

Analysis: Restrictive Covenants And Non-Competes

RIVER EDGE, N.J. - The legal landscape with regard to non-compete agreements and other types of restrictive covenants has been tenuous for decades.

Latest News Latest NewsNews

Survey: Optimism Dims For Private Sector Construction

ARLINGTON, VA - Construction contractors are less optimistic about many private-sector segments than they were a year ago, but their expectations for the public sector market have remained relatively bullish.

Latest News Latest NewsNews

No Non-Compete: Good Or Bad Idea?

WASHINGTON, D.C. – With the new year came a newly proposed “no non-compete” rule from the FTC.

Latest News Latest NewsNews

Images From CSC 2022

LAS VEGAS - The next CSC is scheduled for Dec. 4-6, 2023 in Miami, but first here is a look back at images from Vegas.

Latest News Latest NewsNews

CSC 2022 – Heightened Focus On Design Practice

LAS VEGAS - This year’s Construction Super Conference is now in the books, and it was excellent. It was one of the better ones, in fact, that I’ve been to in a while.

Latest News Latest NewsNews

CSC 2022 – Force Majeure, Supply Chain, And More

LAS VEGAS - I just attended another great Construction Super Conference event in Las Vegas. It certainly feels as though the “new normal” is “back to normal.”

Latest News Latest NewsNews

CSC 2022 Networking Opportunities Abound

LAS VEGAS – Educational sessions are top notch at Construction Super Conference (CSC), but attendance at CSC is also a great opportunity to solidify existing relationships and build new ones at stellar networking events.

SHOW INFORMATION

SIGN UP

Register now for the opportunity to connect with thousands of atttendees and vendors

Register
Sponsor / Inquire
FOLLOW US ON
  • Follow
  • Follow
  • Follow
© 2023 Emerald X, LLC. All Rights Reserved.

ABOUT    CAREERS    AUTHORIZED SERVICE PROVIDERS   TERMS OF USE   PRIVACY POLICY