// PROJ-001 — Nashville, Tennessee — Construction Law
Girder & Kane represents contractors, subcontractors, developers, sureties and design professionals in the disputes that define whether a project makes money or costs them. Payment claims, mechanic's liens, delay and acceleration, defect defence, surety bonds. We understand the schedule, the change order log and the pay application. That is not common in this bar.
Construction disputes are zero-sum. The money on the table is your money — your retainage, your change order, your bonded obligation. The party across from you has counsel. You should too, and ours has spent eighteen years learning the operational facts that win these cases.
Owner-directed changes, improper terminations, design errors passed down to you, differing site conditions, and payment withheld without a legitimate dispute. We have been over this fact pattern hundreds of times.
Pay-if-paid clauses that do not say what the GC thinks they say, retainage held well past substantial completion, scope creep that was never priced. Your lien rights are your leverage — and lien deadlines are unforgiving.
Contractor default, defective work, delays that destroyed your pro forma, GC overbilling, and performance bond claims when the surety slow-walks its obligations. We protect the project and the investment behind it.
Principal default analysis, penal sum exposure, indemnitor recovery, and takeover agreements. We advise sureties at the front end — before the claim — and represent them through resolution.
Payment for delivered materials, lien rights up the payment chain, Miller Act bond claims on federal projects, and supplier credit disputes. Your lien window is short; call us before it closes.
Design professional liability claims, errors and omissions disputes, standard of care analysis, and insurance coverage for design claims. We understand the drawings; we can read a design brief against the specifications.
The same facts look completely different from the sub's side and the owner's side. Select your role and your problem for a read on your actual leverage, the deadlines that are running, and what the firm does first.
STEP 01 — Select your role
STEP 02 — Select your problem
This analysis is general information, not legal advice, and does not reflect the specific facts of your situation. Construction law deadlines are jurisdiction-specific and strictly enforced. Confirm your dates with a licensed attorney immediately.
Discuss this matter with the firmMissing a lien deadline is the single most expensive mistake in this field. The steps below show the sequence, who serves each notice, what it does, and what happens when it is missed. These deadlines are short, jurisdiction-specific, and courts enforce them with no exceptions. Confirm your specific dates with us before relying on anything on this page.
Deadline warning: Lien and bond-claim deadlines in Tennessee and on federal projects are measured in days, not months, and begin running from dates that contractors often miscalculate. Do not rely on this page to plan your filing. Call the firm and confirm your specific deadlines immediately.
Construction law is our practice — all of it, from contract drafting before the first shovel to arbitration panel after the project closes. Every matter stays in-house.
AIA A101, A201, A401 and ConsensusDocs forms redlined for your risk profile. Custom subcontracts that actually address pay-if-paid, retainage release, notice requirements, and change order procedures. Most disputes originate in contracts that were signed without counsel.
Wrongfully withheld progress payments, improper backcharges, pay application disputes, and owner cash-flow manipulation. We move quickly because your float does not last forever.
Tennessee lien preparation and service, lien enforcement in state court, lien releases and bonds to discharge. Private project lien rights and public project payment bond claims under the Little Miller Act. Time is already running.
Federal public works payment bonds under the Miller Act. Tennessee public project payment bonds under the Little Miller Act. Notice and claim filing requirements are technical; courts do not forgive errors on federal bond claims.
Critical path analysis, schedule compression, extended general conditions, concurrent delay defences, and acceleration orders both compensable and constructive. We know how to read a CPM schedule and explain it to an arbitrator.
Type I and Type II differing site conditions, geotechnical report discrepancies, concealed subsurface materials, and owner misrepresentation in the contract documents. Documentation from day one determines whether the claim survives.
Constructive changes, cardinal changes that void the contract, scope-of-work ambiguities, and the no-damages-for-delay clause that contractors sign and then forget about. Change order disputes are almost always document disputes.
Owners pursuing defect claims against contractors, contractors defending those claims, and design errors passed down the payment chain. We coordinate experts, preserve evidence, and build the factual record that survives summary judgment.
Standard of care disputes, errors in specifications, RFI mismanagement, field observation obligations, and insurance coverage for design claims. We read specifications; most litigation counsel cannot.
Contesting citations at informal conferences and before the Occupational Safety and Health Review Commission. Penalty reduction, abatement modifications, and multi-employer worksite defence for general contractors.
Termination for cause vs. termination for convenience analysis, wrongful termination damages, and cure notice procedures. A termination notice issued without proper grounds turns into a breach of contract — by the party who issued it.
Performance bond obligation analysis, surety bad faith, takeover agreement negotiation, indemnitor recovery, and completion cost disputes. We represent both obligees and sureties depending on the matter.
Tennessee Contractor Licensing Board complaints, licence suspension and revocation hearings, and administrative appeals. A licence action affects every open bid and every open contract.
CGL policy interpretation for construction defect claims, additional insured endorsements, tender disputes between carriers, and reservation-of-rights analysis. Coverage counsel who understands the underlying construction claim.
Arbitration under AAA Construction Industry Rules, panel selection strategy, dispositive motion practice, and trial in Tennessee state and federal courts. We are the same firm at the arbitration table as we are in court.
Litigation is expensive, slow, and unpredictable. The single most effective thing the firm does for a contractor's bottom line is catch the clause that creates the exposure before it is signed. Girder & Kane offers two fixed-fee prevention products.
A thorough review of any prime contract or subcontract before execution. We flag payment risk (pay-if-paid, pay-when-paid, retainage terms), schedule risk (no-damages-for-delay, notice requirements, liquidated damages), and dispute risk (mandatory arbitration, venue, choice of law, limitation-of-liability caps). Delivered as a marked-up contract with a written memo. Turn-around in 72 hours for contracts under 40 pages.
Starting at $1,500 — flat fee, billed upfront, no surprises.
A systematic audit of your standard subcontract form — the one you use on every project. We identify the provisions that are creating your recurring disputes, compare your form against AIA A401 and ConsensusDocs 750, and deliver a revised template plus a short training note for your project management team. Most contractors recoup the fee on the first job where a dispute does not happen.
Starting at $3,500 — flat fee, includes revised template and project-team memo.
A sample of representative matters handled by the firm. Identifying details have been modified to protect confidentiality.
Prior results do not guarantee a similar outcome. Each matter is decided on its own facts, applicable law, and the specific documents at issue.
| Matter Type | Role | Contract Value | Forum | Outcome |
|---|---|---|---|---|
| Mechanic's lien enforcement — commercial office park, Davidson County | Electrical subcontractor (claimant) | $4.2M | Davidson Co. Chancery | Full payment, interest, and attorney's fees recovered |
| Delay & acceleration claim — mixed-use residential tower | General contractor (claimant) | $38M | AAA Construction Arbitration | Award of extended general conditions and lost productivity damages |
| Miller Act payment bond claim — federal courthouse renovation, M.D. Tenn. | Masonry subcontractor (claimant) | $2.1M | U.S. District Court | Full claim value plus prejudgment interest |
| Construction defect defence — luxury condominium project | General contractor (respondent) | $22M | AAA Construction Arbitration | Damages reduced by 73% through expert testimony and design attribution |
| Wrongful termination — state highway project | Paving subcontractor (claimant) | $8.7M | Tennessee Claims Commission | Termination-for-cause converted; lost profit and demobilization recovered |
| Pay-if-paid clause dispute — hotel renovation | Mechanical subcontractor (claimant) | $1.8M | Mediation / Settlement | Full retainage and disputed progress payment recovered |
| Performance bond — commercial warehouse default | Surety (obligee side) | $6.4M | Davidson Co. Circuit Court | Completion cost recovery and indemnity judgment against principal |
| Differing site conditions — underground utility relocation | General contractor (claimant) | $3.3M | AAA Construction Arbitration | Type I DSC established; full additional cost claim allowed |
Construction law rewards operational knowledge. Our attorneys hold civil engineering degrees, have managed projects in the field, and have spent careers reading contracts, change order logs, and CPM schedules. That background is not decorative.
Founding Partner
Thomas earned his civil engineering degree before law school and worked two summers as a project engineer on commercial construction sites in the Nashville basin. He founded Girder & Kane after twelve years as a construction litigator at a regional firm, having tried or arbitrated disputes in virtually every sector of the industry. His engineering background means he can read a schedule, run a critical path analysis, and explain it to a tribunal in plain terms.
Partner
Celia practiced construction law for two years before stepping away to manage projects for a Nashville commercial GC — then returned to the bar. That field experience is unusual in legal practice: she has run a pay application, tracked retainage release against contract milestones, and managed a subcontractor default in real time. She leads the firm's payment dispute and lien practice and handles all AIA contract work.
Associate
Marcus holds a construction management degree and spent four years estimating commercial bids before law school. He handles the firm's federal project practice — Miller Act and Little Miller Act bond claims — as well as OSHA citation defence and contractor licensing board matters. His estimating background gives him an unusual fluency in bid documents, scope-of-work definitions, and the math underneath a disputed change order.
We structure fees to align with the nature and scale of the work. Every engagement starts with a written fee agreement.
Litigation, arbitration, and complex advisory work is billed at hourly rates. Rates vary by attorney and matter complexity. Most construction disputes handled at $295–$395 per hour depending on the attorney. Monthly invoices with itemized time entries.
Prevention work is delivered at a flat fee established before the engagement begins. Contract review from $1,500. Subcontract audit from $3,500. Scope and price confirmed in writing before we start. No surprises.
For qualifying payment and lien collection matters — where the liability is clear and the question is recovery — we accept cases on a contingency basis. We advance costs of filing, service, and enforcement. Fee is a percentage of the amount collected, agreed in writing at the outset.
All engagements begin with an initial matter review. Call us or submit the enquiry form below to discuss your situation and the appropriate fee structure.
A pay-if-paid clause makes owner payment to the GC a condition precedent to the GC's obligation to pay the sub — meaning if the owner doesn't pay, the GC may not have to either. Tennessee courts enforce them when the clause clearly and unambiguously creates a condition precedent, not just a timing mechanism. The language matters: "pay-when-paid" (a timing provision) and "pay-if-paid" (a condition) are often confused. Whether your clause is one or the other — and whether you have a lien right that circumvents it — is a document question. Bring the contract.
Retainage is a percentage of each progress payment — typically 5–10% — withheld until project milestones. Tennessee law sets limits on retainage and requires release within a defined period after substantial completion on certain project types. Private project retainage rules differ from public project rules. Many contractors leave retainage uncollected simply because they do not pursue it aggressively. The firm routinely recovers retainage that has been held beyond its contractual or statutory release date.
Tennessee mechanic's lien deadlines are among the shorter ones in the southeast and begin running from dates — last furnishing, project completion, or notice dates — that are frequently miscalculated. The deadline to enforce a lien is separate from the deadline to file one, and courts strictly enforce both. Do not calculate your own deadlines based on anything you read on a website, including this one. If you believe you have unpaid amounts on a Tennessee project, call us today and confirm your specific dates.
The Miller Act (40 U.S.C. §§ 3131–3134) requires prime contractors on federal construction projects over $150,000 to post payment and performance bonds. If you are a sub or supplier on a federal project and you have not been paid, you may have a direct claim against the prime's payment bond — even if you have no direct contract with the prime. The Tennessee Little Miller Act creates a similar regime for state and local government projects. Notice requirements and deadlines for these bond claims are technical and unforgiving. Missing a notice date can eliminate the claim entirely.
Preserve: the signed contract and all amendments; every change order and change order request; all pay applications and payment records; all daily reports, RFIs, and submittals; schedule baselines and all schedule updates; all written correspondence including emails and text messages; any photographs of the work or site conditions; and all invoices and delivery tickets. Do not delete anything. In a dispute, the document record is almost always the difference between winning and losing. If you suspect a dispute is developing, email us now — we can provide a document preservation checklist within 24 hours.
Read the termination clause before you do anything else. Most AIA and ConsensusDocs forms give the notified party a right to cure — a defined window to correct the alleged default before termination becomes effective. If the cure period has not run, you may still have options to respond. If the termination has been issued without a genuine basis — which is common in payment disputes — it may itself constitute a breach. Do not abandon the project, send back any equipment, or make any written statements without counsel. Call us immediately.
These clauses are broadly enforceable in Tennessee, but there are recognized exceptions: delays caused by the other party's active interference, delays so unreasonable they could not have been contemplated at contracting, owner-caused delays that were concealed or fraudulently induced, and delays caused by the owner's abandonment of the project. Whether one of these exceptions applies is a detailed factual and legal analysis. We have successfully prosecuted delay claims against projects defended by no-damages clauses — but the facts and the contract language are everything.
No. Submitting an inquiry form, calling the office, or emailing the firm does not create an attorney-client relationship and does not make any information you share confidential. An attorney-client relationship begins only after the firm has completed a conflicts check, the parties have agreed on the scope and terms of representation, and a written engagement agreement has been signed. Until that point, please do not transmit sensitive or time-critical information through unsecured channels.
Describe your situation and we will contact you to discuss whether the firm can assist. An attorney reviews every enquiry.
