Memphis Construction Lawyer, Tennessee


Includes: Construction Contracts, Construction Liens, Housing & Construction Defects

Tim Wade Hellen

Products Liability, Construction, Corporate, Professional Malpractice
Status:  In Good Standing           

W. Bryan Smith

Construction, Mental Health, Litigation
Status:  In Good Standing           

Bill M. Wade

Corporate, Business Organization, Class Action, Construction
Status:  In Good Standing           

Robert S. Kirk

Business Organization, Banking & Finance, Construction, Corporate
Status:  In Good Standing           
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Richard D. Bennett

Labor Law, Government Agencies, Construction, Dispute Resolution
Status:  In Good Standing           

S. Louise Chandler

Pharmaceutical Product, Medical Malpractice, Transportation & Shipping, Construction
Status:  In Good Standing           

Boris Nikolay Mamlyuk

Administrative Law, International Trade, Construction, International
Status:  In Good Standing           Licensed:  13 Years

William Preston Moss

Science, Technology & Internet, Construction, Estate Planning, Business
Status:  In Good Standing           

Mike Patton

Credit & Debt, Personal Injury, Construction, Commercial Real Estate
Status:  In Good Standing           Licensed:  33 Years

Michael Cotter Patton

Insurance, Reorganization, Wills & Probate, Construction
Status:  In Good Standing           

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LEGAL TERMS

NOVATION

The substitution of a new contract for an old one. A novation may change one of the parties to the contract or the duties that must be performed by the original... (more...)
The substitution of a new contract for an old one. A novation may change one of the parties to the contract or the duties that must be performed by the original parties.

SHORT SALE (OF HOUSE)

A sale of a house in which the proceeds fall short of what the owner still owes on the mortgage. Many lenders will agree to accept the proceeds of a short sale ... (more...)
A sale of a house in which the proceeds fall short of what the owner still owes on the mortgage. Many lenders will agree to accept the proceeds of a short sale and forgive the rest of what is owed on the mortgage when the owner cannot make the mortgage payments. By accepting a short sale, the lender can avoid a lengthy and costly foreclosure, and the owner is able to pay off the loan for less than what he owes. See also deed in lieu (or foreclosure).

FRIENDLY SUIT

A lawsuit brought by two parties, not as adversaries, but as collaborators in order to resolve a legal question that affects them both. For example, two compani... (more...)
A lawsuit brought by two parties, not as adversaries, but as collaborators in order to resolve a legal question that affects them both. For example, two companies might bring a friendly suit to court in order to clarify a legal interpretation of a contract between them.

JUS COGENS

Principles of international law so fundamental that no nation may ignore them or attempt to contract out of them through treaties. For example, genocide and par... (more...)
Principles of international law so fundamental that no nation may ignore them or attempt to contract out of them through treaties. For example, genocide and participating in a slave trade are thought to be jus cogens.

DEBENTURE

A type of bond (an interest-bearing document that serves as evidence of a debt) that does not require security in the form of a mortgage or lien on a specific p... (more...)
A type of bond (an interest-bearing document that serves as evidence of a debt) that does not require security in the form of a mortgage or lien on a specific piece of property. Repayment of a debenture is guaranteed only by the general credit of the issuer. For example, a corporation may issue a secured bond that gives the bondholder a lien on the corporation's factory. But if it issues a debenture, the loan is not secured by any property at all. When a corporation issues debentures, the holders are considered creditors of the corporation and are entitled to payment before shareholders if the business folds.

SUBLEASE

A rental agreement or lease between a tenant and a new tenant (called a sublessee) who will either share the rental or take over from the first tenant. The subl... (more...)
A rental agreement or lease between a tenant and a new tenant (called a sublessee) who will either share the rental or take over from the first tenant. The sublessee pays rent directly to the tenant. The tenant is still completely responsible to the landlord for the rent and for any damage, including that caused by the sublessee. Most landlords prohibit subleases unless they have given prior written consent. Compare assignment.

UNCLEAN HANDS

A legal doctrine that prevents a plaintiff who has acted unethically in relation to a lawsuit from winning the suit or from recovering as much money as she woul... (more...)
A legal doctrine that prevents a plaintiff who has acted unethically in relation to a lawsuit from winning the suit or from recovering as much money as she would have if she had behaved honorably. For example, if a contractor is suing a homeowner to recover the price of work he did on the home, his failure to perform the work as specified would leave him with unclean hands.

SUBSTITUTED SERVICE

A method for the formal delivery of court papers that takes the place of personal service. Personal service means that the papers are placed directly into the h... (more...)
A method for the formal delivery of court papers that takes the place of personal service. Personal service means that the papers are placed directly into the hands of the person to be served. Substituted service, on the other hand, may be accomplished by leaving the documents with a designated agent, with another adult in the recipient's home, with the recipient's manager at work or by posting a notice in a prominent place and then using certified mail to send copies of the documents to the recipient.

HOUSE CLOSING

The final transfer of the ownership of a house from the seller to the buyer, which occurs after both have met all the terms of their contract and the deed has b... (more...)
The final transfer of the ownership of a house from the seller to the buyer, which occurs after both have met all the terms of their contract and the deed has been recorded.

SAMPLE LEGAL CASES

Walker v. Sunrise Pontiac-GMC Truck, Inc.

... Furthermore, this case requires us to construe certain provisions of the TCPA. Issues of statutory construction are questions of law which this Court reviews de novo with no presumption of correctness accorded the trial court's conclusions. ...

Hayes v. Gibson County

... [2]. The issue presented requires statutory construction. Issues of statutory construction are reviewed de novo with no presumption of correctness attaching to the rulings of the court below. Carter v. Bell, 279 SW3d 560, 564 (Tenn.2009). ...

In re Estate of Tanner

... Standard of Review and Statutory Interpretation. The issues presented by this appeal involve the interpretation of state statutes. Statutory construction is a question of law that is reviewable on a de novo basis without any presumption of correctness. ...