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Construction Contract? Confirm Your Contractor is Properly Licensed First! I spent a good amount of time one week working with a client to cancel his construction contract after learning that the contractor was not properly licensed to build his new house. What started out as an exciting time in this...
Read More Continue ReadingPut Up or Shut Up is Back In what is generally viewed as a win for defendants in lawsuits, the Tennessee Supreme Court recently reverted to a more lenient summary judgment standard used by courts in Tennessee prior to 2008. A summary judgment motion is a procedural tool where...
Read More Continue Reading“Neighbors said the complex’s security gate hasn’t worked in quite some time.” It keeps happening. Almost every day brings another incident of violent crime in Memphis area apartments. Apartment residents in Memphis have a right to demand that property managers and owners take reasonable steps to prevent foreseeable crimes on...
Read More Continue ReadingApartment Complex Crime -Negligent Security-Memphis Memphis has more than its share of violence. Apartment complex crime in Memphis is serious. Recently, another man lost his life after being gunned down as he was walking back into his apartment at the Prescott Place Apartments located in the 1700 block of Morlye...
Read More Continue ReadingWho keeps the Engagement Ring After a Break-Up? I enjoy listening to the “Mike & Mike Show” on ESPN Radio during my morning commute. I remember on one show that they were discussing a lawsuit filed by NFL player, Mario Williams, against his ex-fiancee seeking the return of a $785,000...
Read More Continue ReadingWhy it Pays for Small Business to Use a Small Law Firm If you run a small business, you have no doubt heard the usual reasons why you should consider taking your legal problems to a small law firm instead of a mega-firm: Lower hourly rates (no subsidization of...
Read More Continue ReadingLegal Problem Solving: Does Your Lawyer Merely Work the Problem? Or Solve the Problem? Let’s discuss legal problem solving. Does your lawyer merely work the problem, or solve the problem? There’s a difference, you know. A cookie-cutter response vs. a creative solution Reaction vs. a plan of action “Winning” the...
Read More Continue ReadingSigning a Credit Application on Behalf of a Company Could Subject You to PERSONAL Liability Most small business vendors and suppliers require a company officer to sign a Commercial Credit Application or Agreement to buy goods and supplies on account. Watch out, though! Carefully examine the language of the Credit...
Read More Continue ReadingWhat is a Deposition? A deposition is similar to a witness testifying in court, except that it occurs in an out-of-court setting. A witness at a deposition is referred to as the “deponent.” A deposition usually takes place in a lawyer’s conference room, although I’ve personally been involved in depositions...
Read More Continue ReadingElements of a Contract in Tennessee With a few limited exceptions oral contracts are enforceable in Tennessee just like a written contract. Of course, a written contract is much easier to prove because there is hard evidence of the agreement. However, an oral contract IS enforceable in most cases. The...
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