Blog – Thomas J. Boylan Attorney at Law

Don’t Skip Over Boilerplate Language in a Contract

Wed, 18 Mar 2020 16:27:00 GMT

Make sure you read and understand “boilerplate” language before you sign a contract. Many of my clients are surprised to find that they cannot enforce a contract in their home state or have agreed to limit their damages because they did not pay attention to the boilerplate language. Although it may be tempting to skip over these details, these provisions are critically important and can have a dramatic impact on your contractual rights and liabilities.

Boilerplate refers to the standard terms that are usually included at the end of every contract and address such things as how to handle disputes, where to bring a lawsuit and how to make changes to the contract. These provisions are typically the same from contract to contract, regardless of the specific terms of the deal.

There are many boilerplate provisions, but some of the most common will include:

There are many other boilerplate provisions that may be included, depending on the type of contract and the subject matter. Even though these provisions use standard language, they can still be negotiated like any other part of the contract and written to meet your specific needs.

Make sure to read the boilerplate provisions carefully and have a thorough understanding of how they affect your contractual rights and liabilities before you sign any contract.

This information is provided for informational purposes only and is not to be considered legal advice. Prior to relying on this information, please contact boylanlegal.com for a consultation.

The post Don’t Skip Over Boilerplate Language in a Contract appeared first on Thomas J. Boylan Attorney at Law .

Contractor License Requirements

Fri, 17 Jan 2020 21:15:00 GMT

What are the contractor license requirements In Tennessee? If you bid on a construction job or supervise a project that is worth $25,000.00 or more, you must be a licensed contractor. This includes subcontractors performing electrical, mechanical, plumbing HVAC, and roofing when their portion of the job is $25,000.00 or more. Masonry subcontractors need to be licensed when their portion of the job is $100,000.00 or more.

The Tennessee Contractors Licensing Act T.C.A. §62-6-102 specifically defines a Contractor as:

(4)(A) (i) “Contractor” means any person or entity that undertakes to, attempts to or submits a price or bid or offers to construct, supervise, superintend, oversee, schedule, direct or in any manner assume charge of the construction, alteration, repair, improvement, movement, demolition, putting up, tearing down or furnishing labor to install material or equipment for any building, highway, road, railroad, sewer, grading, excavation, pipeline, public utility structure, project development, housing, housing development, improvement or any other construction undertaking for which the total cost is twenty-five thousand dollars ($25,000) or more; provided, however, with respect to a licensed masonry contractor, such term means and includes the masonry portion of the construction project, the total cost of which exceeds one hundred thousand dollars ($100,000), materials and labor;

(ii) “Contractor” includes, but is not limited to, a prime contractor, electrical contractor, electrical subcontractor, mechanical contractor, mechanical subcontractor, plumbing contractor and plumbing subcontractor, masonry contractor, and roofing subcontractor where the total cost of the roofing portion of the construction project is twenty-five thousand dollars ($25,000) or more;

(iii) If the cost of a project exceeds twenty-five thousand dollars ($25,000), “contractor” also includes a construction manager of any kind, including, but not limited to, a residential construction manager, construction consultant, architect or engineer who conducts or provides any activity or service described in this subdivision (4) other than normal architectural and engineering services.

A Contractor’s license will be classified according to the type of building (i.e. residential, commercial or industrial) and carries a monetary limit. This monetary limit must cover the total contract price.

Any person or company that misrepresents itself as a licensed contractor, or who simply acts in the capacity of a licensed contractor while unlicensed violates the Tennessee Consumer Protection Act (T.C.P.A.) and is subject to potentially serious civil penalties such as claims for attorney’s fees and treble damages. In addition to the damages available under the T.C.P.A., an unlicensed contractor is only allowed to recover his documented expenses and cannot place a lien on residential real property.

Before you hire a contractor, verify that they are licensed and have the appropriate license type and monetary limit for your project by going to: http://verify.tn.gov. If you have already hired an unlicensed contractor, schedule a consultation with me today.

This information is provided for informational purposes only and is not to be considered legal advice. Prior to relying on this information, please contact boylanlegal.com for a consultation.

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Tennessee Landlord/Tenant Laws in Urban Areas

Fri, 10 Jan 2020 19:00:00 GMT

Tennessee law governing residential landlords and tenants will vary according to the county in which the property is located. In addition to local ordinances and federal regulations, Tennessee’s Uniform Residential Landlord Tennant Act (TURLTA) applies to counties having populations in excess of 75,000 according to the latest federal census. This includes Anderson, Blount, Bradley, Davidson, Hamilton, Knox Madison, Maury, Montgomery, Rutherford, Sevier, Shelby, Sullivan, Sumner, Washington, Williamson and Wilson Counties. While the TURLTA governs most residential lease agreements in these urban areas, there are certain exceptions where the law does not apply, such as “lease-purchase” agreements.

If you are a landlord or tenant in one of these counties, you must be familiar with TURLTA in order to protect your rights. The law requires landlords and tenants to be reasonable with each other and act in good faith. The law also addresses common issues such as breach of the lease agreement by either the landlord or tenant, early lease termination, security deposits, late fees, rent due date grace periods, maintenance, and disputes. Additionally, TURLTA places specific duties on both the landlord and tenant, such as:

Landlord Duties

-Written notice of address of landlord or agent.

-Hold security deposits in a separate bank account.

-Notify the tenant of the location of security deposit account.

-Allow tenant to be present when inspecting the property to determine the basis for a charge against the tenant’s security deposit.

-Comply with all health and safety codes.

-Register as a landlord with local codes enforcement agency in counties with population over 500,000.

Tenant Duties

-Comply with health and safety codes.

-Keep premises clean and safe.

-Dispose of garbage appropriately.

-Not destroy or damage the premises.

-Not engage in any illegal conduct.

-Require all persons on the premises to act in a manner as to not disturb their neighbors.

-Allow the landlord reasonable access to the property for inspection, repairs and improvements.

-Use the premises only as a dwelling unit.

These are just a few of the provisions as outlined in the TURLTA. It is critical that landlords and tenants in Tennessee know and comply with all of these requirements in order to eliminate their liability. Failure to follow the TURLTA can result in the violating party paying costs, attorney fees and damages.

If you are a landlord or tenant and need help with any of these issues, schedule a consultation with me today.

This information is provided for informational purposes only and is not to be considered legal advice. Prior to relying on this information, please contact boylanlegal.com for a consultation.

The post Tennessee Landlord/Tenant Laws in Urban Areas appeared first on Thomas J. Boylan Attorney at Law .

General Tennessee Hemp Rules

Mon, 06 Jan 2020 20:44:00 GMT

Background Information:

The Tennessee Department of Agriculture is in charge of the rules and regulations regarding hemp production throughout Tennessee. Under the State’s Industrial Hemp Pilot Program, Tennessee allowed farmers to start growing hemp in 2015 under strict licensing and registration requirements. In June 2019, the Tennessee Department of Agriculture updated its rules and licensing procedures to streamline the licensing process and to be more consistent with how other crop programs are managed.

Definition of Hemp:

As defined in Tennessee, “Hemp” means the plant cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis. T.C.A. §43-27-101(3).

Licensing:

The TDA does not issue licenses for the sale of processed hemp products, but according to the new rules, any person interested in growing hemp or possessing rooted material still needs to obtain a hemp license. The application period for a license is now open year-round. Licenses will expire June 30 of each year, and all grower licenses issued in 2019 will expire June 2020.

If you are making a product for human consumption, you are required to be licensed as a food manufacturing facility through the TDA’s food and dairy section.

Hemp seed producers are treated like any other seed producer in Tennessee and are subject to the same rules and regulations. Any producer who manufactures, distributes, or whose name is on the label is required to obtain a Tennessee Seed Seller’s License.

Movement Permits:

Movement permits are required (per vehicle per day) to transport rooted material or harvested material to a commercial processor. Although movement permits are not required for transport between field and drying barns, permits are easily and immediately obtainable on-line and are recommended.

This information is provided for informational purposes only and is not to be considered legal advice. Prior to relying on this information, please contact boylanlegal.com for a consultation.

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Welcome to our new website!

Wed, 02 Jan 2019 05:41:00 GMT

Welcome to our new website! This site has been professionally designed to be responsive and mobile friendly, so it looks great and is accessible no matter what type or size of device you are using.

Our new website also has an integrated Client Portal, meaning you are able access your case documents, correspondence and calendars directly from our website!

If you have any questions, don’t hesitate to contact us today.

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