Bouldin & Bouldin, PLC Attentive. Accessible. Experienced. 2026-05-30T14:08:38Z https://www.bouldinplc.com/feed/atom/ WordPress /wp-content/uploads/sites/1302171/2021/05/cropped-favicon-1-32x32.png On Behalf of Bouldin & Bouldin, PLC <![CDATA[Who absorbs the costs of a construction delay?]]> https://www.bouldinplc.com/?p=46827 2026-05-30T14:08:38Z 2026-05-30T14:08:38Z Professionals and businesses could be liable Liability for construction delay expenses depends on many factors. The specific wording of the contract and any promises regarding the estimated completion date are important to consider. Many contracts include language that limits liability for reasonable delays. The underlying reason for the delay is another key detail. If the construction company or professional could have prevented or at least limited the delay but failed to do so, there could be a degree of liability there. The promptness with which they communicate the issue to the property owner is another factor to consider. Businesses and their commercial insurance policies can sometimes help offset some of the losses generated by major construction delays, but legal action may be necessary to obtain compensation for lost revenue or alternative housing expenses caused by delays. Reviewing communication records and contracts with a construction litigation attorney can help frustrated property owners understand their options accordingly.]]> On Behalf of Bouldin & Bouldin, PLC <![CDATA[How long do you have to challenge an eminent domain taking?]]> https://www.bouldinplc.com/?p=46826 2026-05-21T19:02:04Z 2026-05-21T19:02:04Z When the state or local authority moves to seize your property through eminent domain, you don’t have to stand by and watch it happen. Tennessee law gives property owners the right to challenge the taking or the compensation offered. Most property owners think they have plenty of time to respond, which is not the case. Eminent domain cases move quickly, and missing a critical deadline can significantly limit your legal options. Here’s more on this.

When does the clock start ticking?

In Tennessee, the eminent domain process typically begins when the condemning authority files a petition in court. Once that petition is filed and you're served with notice, you generally have 30 days to file a response or raise objections to the taking itself. Think of it as your opportunity to challenge whether the government has the legal right to take your property at all. If you miss that window, courts may treat your silence as acceptance of the taking, leaving you to fight only over compensation rather than the validity of the seizure itself.

What about challenging the compensation offered?

Even if you don’t contest the government’s right to take your property, you can challenge the amount of compensation offered. Under eminent domain law, you are entitled to just compensation, which is intended to reflect fair market value. As such, you can dispute the government's initial appraisal if you believe it falls short. The timeline here is more flexible, but delays still carry risk. Market data becomes stale, comparable sales lose relevance, and key witnesses like appraisers and engineers may become harder to locate or less effective over time.

Don’t let deadlines cost you your rights

An eminent domain taking can feel overwhelming, but the law provides important protections for property owners. Professional legal guidance in such situations can help you evaluate whether the taking is lawful, challenge an inadequate offer and ensure every deadline is met so your property rights get the full defense they deserve.]]> On Behalf of Bouldin & Bouldin, PLC <![CDATA[Real estate title defects when property changes hands]]> https://www.bouldinplc.com/?p=46824 2026-05-12T15:55:00Z 2026-05-12T15:55:00Z During a real estate transaction, it is important for there to be a clean title. Certain title defects can require clearing prior to that transaction, perhaps extending the amount of time it takes before things are finalized.  This is even true during eminent domain cases. For instance, one common title defect is when there is a claim of ownership from another party. Two people may simultaneously own the same property, such as if they purchased it together or inherited it jointly. Both have a valid ownership claim.  In an eminent domain case, this can make the situation more complex. The government is going to take the property and pay just compensation to the owner. But who is the legal owner of that property? Who has a right to this fair market compensation? Who needs to be involved in negotiations? 

What are some other title defects?

Joint claims of ownership are just one type of title defect, but other issues include:
  • Liens against the property, such as a tax lien or a mechanic’s lien
  • Incorrect filing procedures with property ownership paperwork
  • Inconsistencies in wording between documents, such as the deed and the title
  • Financial judgments against the property or unpaid loans, such as a mortgage loan
That does not mean that eminent domain is impossible just because title defects exist. But it certainly does add a level of complication to the process and may make it take longer for just compensation to be paid to the owner. As such, it is important to understand exactly what legal steps to take to rectify the situation.  ]]> On Behalf of Bouldin & Bouldin, PLC <![CDATA[How long is the eminent domain process?]]> https://www.bouldinplc.com/?p=46823 2026-04-27T19:12:20Z 2026-04-27T19:12:20Z Key steps in the process During the months that the eminent domain case is active, there are five main steps:
  • The announcement of the project by the government, informing property owners
  • Property appraisals, which are followed by an offer of compensation
  • Negotiation, particularly if the property owner believes that the offer is too low
  • Litigation, which may be necessary if negotiation fails and a court order is needed
  • Payment and transfer of ownership, meaning that the government now owns the property and can use it as they see fit
Not all of these steps will be necessary in every case. For instance, a property owner who negotiates a settlement they believe is fair may won’t go through litigation. It is important to understand how eminent domain works, especially if there are conflicts over land use or compensation packages. Property owners need to understand their legal options. Having experience guidance can help.]]> On Behalf of Bouldin & Bouldin, PLC <![CDATA[Eminent domain: Relocation benefits and just compensation]]> https://www.bouldinplc.com/?p=46822 2026-04-06T17:05:57Z 2026-04-06T17:05:57Z Learning that the government wants to take your private property is disheartening, but it’s not something that you have to simply accept. Instead, you can review what they’re proposing in their offer and determine your steps. If you’re presented with this, you should work swiftly because there are strict time limits that apply.  There are often several things covered in the eminent domain offer that you’ll receive. The Uniform Relocation and Real Property Acquisition Policies Act sets specific standards for these situations. For example, the written offer must be based on an appraisal and must reflect just compensation.  Within the offer, you may encounter terms for compensation and relocation. While these are sometimes blended into one general concept, they are actually very different. 

What is compensation?

Compensation is the amount that the government will provide to acquire the property. This is based solely on the appraisal of the real estate. There should be a clear amount in the offer. There must also be a comprehensive explanation of what’s being acquired and the method of calculation used to determine the amount. 

What is relocation assistance?

Relocation assistance is an amount offered to help with moving expenses and finding replacement housing. This doesn’t discount the compensation at all. It’s an additional benefit when it’s available. It’s crucial to read through the offer to learn exactly what assistance is meant to help with and find out if there are any conditions attached to the funds.  Eminent domain is a tough process for any property owner to go through. It’s often beneficial to work with someone familiar with these matters so they can help you to explore the available options and determine a plan to move forward.   ]]> On Behalf of Bouldin & Bouldin, PLC <![CDATA[Litigating earnest money disputes after a canceled closing]]> https://www.bouldinplc.com/?p=46821 2026-03-20T15:10:26Z 2026-03-20T15:10:26Z There are numerous common reasons that real estate closings fall apart at the last minute. Typically, buyers have an obligation to follow through with their offers and purchase real property unless certain circumstances justify canceling a closing. Even then, there may be a dispute about their decision, and the seller may demand to keep their earnest money. Earnest money deposits typically represent 1% or more of the offered sale price. Litigation may be necessary to resolve that disagreement.

Real estate contracts outline cancellation options

Buyers making offers on residential real estate typically include contingencies in their offers. These contingencies allow them to cancel the closing without penalty if something unexpected happens between when they submit the offer and when they close on the property. Contingencies related to financing, appraisals, inspections and even the sale of the buyer's home are common. Although buyers may feel confident about their right to cancel, sellers might disagree that the circumstances warrant the invocation of the contingency. They may file a claim against the earnest money. Going to civil court to litigate the matter may be necessary in such cases. Buyers must present evidence supporting their claim that the situation falls under the scope of the contingencies included in the agreement. Sellers may try to validate the losses they sustain due to the cancellation and justify their retention of the buyer’s earnest money. People preparing for real estate transactions or dealing with the aftermath of a failed purchase may need support. Partnering with a real estate litigation lawyer can help aspiring homeowners and sellers protect their interests when transactions go sideways.]]> On Behalf of Bouldin & Bouldin, PLC <![CDATA[The role of severance damages in an eminent domain case]]> https://www.bouldinplc.com/?p=46820 2026-03-09T17:04:08Z 2026-03-09T17:04:08Z State agencies and businesses managing public projects may invoke eminent domain. The authority given under this law allows for the forced sale of real property, possibly through condemnation proceedings, during projects intended for public benefit.  When people who own acreage or farmland face eminent domain claims against their real property, they may have the option of subdividing their parcels. They can retain the land not required for the project and only sell the property that the condemning authority actually needs to complete the project.  In those situations, the just compensation for the forced sale of the property may include not just the value of the acquired parcel but also severance damages. 

What are severance damages? 

The need to divide a parcel can affect the fair market value of both parcels. Severance damages specifically address the reduction in value caused by dividing a parcel.  The loss of road frontage, reduced water access and other changes to the property triggered by the division of the parcel can reduce the likely resale value of the property. Owners pursuing just compensation for the acreage they must sell due to an eminent domain claim may need assistance determining what the parcel they sell is worth and how the division of their property affects the fair market value of the land that they retain.  Requesting severance damages in a forced sale triggered by eminent domain proceedings can help property owners limit the economic hardship caused by major public projects. Property owners concerned about severance damages and just compensation may need to work with a lawyer familiar with complicated eminent domain cases to negotiate appropriate compensation for the sale of their property.]]> On Behalf of Bouldin & Bouldin, PLC <![CDATA[Can material substitutions trigger a construction lawsuit?]]> https://www.bouldinplc.com/?p=46819 2026-02-26T11:30:16Z 2026-02-26T11:30:16Z supply chain disruptions and other uncontrollable issues, such as the sudden increase in the cost of a specific material, could make a substitution necessary. Do professionals and business leaders need to worry about clients filing lawsuits over substitution of a different material if they requested something specific?

Approval in writing can protect the company

Any significant change to a construction project, including material substitutions and timeline adjustments, may require pre-approval by the client. Notifying the client of the issue regarding the availability or price of specific materials and allowing them an opportunity to respond reduces the likelihood of them having valid grounds for litigation after project completion. In some cases, the language included in the contract may allow for substitutions without written approval in certain circumstances. Even then, communicating with the client ahead of time is important to prevent disappointed expectations or claims of contract violations. Substitutions also need to adhere to material standards included in applicable building codes to prevent allegations of defects later. If a client does attempt to sue over a change of materials during a construction project, responding effectively to that lawsuit can help a company or professional minimize financial losses and reputation damage. Partnering with a legal professional can make it easier to effectively navigate construction litigation.]]> On Behalf of Bouldin & Bouldin, PLC <![CDATA[When a seller withholds information about property defects]]> https://www.bouldinplc.com/?p=46818 2026-02-08T20:35:53Z 2026-02-08T20:35:53Z Disclosure omissions can be grounds for a lawsuit Tennessee state statutes impose clear requirements on those selling real property. They have an obligation to inform prospective buyers in writing of any known defects, including latent defects that may not turn up during a walk-through or cursory inspection. The seller cannot list the property in as-is condition or indicate that they do not know about defects when they have knowledge of actual issues with the home. If they do so, they may ultimately be liable for the economic consequences for the buyer. Occasionally, listing agents may also have a degree of liability, and their professional insurance may apply. Buyers who discover surprise issues with their homes may have the option of taking legal action against sellers who misrepresented the condition of their property. Reviewing closing paperwork and reports regarding the recently discovered defects with a skilled legal team can help buyers determine if they have grounds for a real estate lawsuit.]]> On Behalf of Bouldin & Bouldin, PLC <![CDATA[Reasons for disputes between business partners]]> https://www.bouldinplc.com/?p=46817 2026-01-28T12:00:56Z 2026-01-28T12:00:56Z Business litigation often stems from disputes between two different business entities, but it is also possible for it to be an internal problem. This is common with business partnerships. Business partners often run into disputes that may not be able to be resolved without going through some form of litigation, especially if one of them alleges that significant financial harm has been caused. How do these business disputes take place? While every case is unique, here are three common causes of disputes.

Financial conflict

Issues regarding money are very common, such as one business partner claiming that the other has misappropriated business assets. This can lead to a complete breakdown in trust. If one partner has been taking business assets for personal gain, they have harmed not only their partner, but the company itself.

Decision-making power

Litigation also sometimes stems from who has the ability to make unilateral decisions and when the business partners have to work together. This could be an issue if one partner agrees to a merger, for example, without consulting the other. They may not have the legal authority to make these types of decisions on their own.

Ownership percentages

Often, disputes arise over exactly what percentage of the business each person owns. If there is no partnership agreement in place, for instance, both partners may assume that they own 50% of the company. But clearly defining this upfront is important when voting on key business decisions, selling the company, bringing on other partners, applying for financing and taking other key steps. When these disputes do lead to litigation, those involved must be well aware of the legal options at their disposal.]]>