Firm Philosophy
Our attorneys take proactive measures early in the development of business relationships of our clients to minimize the chance for misunderstandings and disputes. When disputes arise, we utilize knowledge gained from our diverse personal backgrounds and extensive trial, arbitration, and mediation experience to understand the legal and business issues. Disputes are often resolved early in the process, thus avoiding protracted and expensive litigation. The facts and the law are thoroughly analyzed, and various strategies are considered so that settlement negotiations can be conducted from a position of strength.
Case Strategy
No two cases are alike, and each requires wisdom and experience, both in law and “in the real world” to provide the most accurate assessment as to the likely outcome. We have represented hundreds of clients, mostly in the construction and real estate industries, as both plaintiffs and defendants for over two decades. Our real-world experience is valuable in all aspects of law, especially in working with expert witnesses. Tim Burrow and Chris Cravens, serving occasionally as expert witnesses themselves, are able to assist our experts to excel in their written reports and testimony. Our experience is also valuable in exposing inaccurate or arguable positions of experts hired by opposing parties.
Case Complexity
Cases range from relatively simple matters to complex cases involving termination, change orders, delay, disruption, acceleration, scheduling, design, copyright, and technical issues. Complex cases usually require the assistance of expert witnesses, few of which are skilled enough to present their positions convincingly or to effectively survive intense cross examination without the assistance of an attorney.
SAMPLE CASES
After a judgment was rendered in favor of the United States against a general contractor for more than $1.6 million, the contractor hired Burrow & Cravens to take over, and through the appellate process, which included a remand to the district court, was able to have the judgment reduced to less than half.
In a claim against the United States, filed after the Department of Labor required a subcontractor to pay additional wages to its workers under the Davis–Bacon Act, the United States paid a six figure settlement after insisting during the litigation process on three occasions that it would, under no circumstance, pay anything to settle.
Burrow & Cravens represented a homeowner against an insurance company for denying an insurance claim for a fire that destroyed the house. Burrow & Cravens’ initial demand to pay the cost to fully repair the home was denied. After Burrow & Cravens exposed bad faith of the insurance company, it convinced the insurance company to pay 2.3 times the original demand.
A general contractor retained Burrow & Cravens after it was debarred from all federal contracts because of fraud allegations. The firm presented the case to the fraud division of the United States army in Washington, D.C., and was able to convince the United States to remove the debarment and reduce the minimum fine by 80 percent. The deputy with the fraud division said that had never been done before.
Burrow & Cravens was hired on two separate occasions to represent construction companies that were being investigated by news agencies who planned to make news reports on television. On both occasions, the negative publicity would have ruined or severely harmed the company. Through extensive investigations, Burrow & Cravens was able, on both occasions, to convince the news agency to drop the story.
Burrow & Cravens has successfully defended soil scientists, land surveyors, architects, engineers, and building contractors in professional negligence claims.
Burrow & Cravens has successfully represented both licensed and unlicensed entities in disciplinary proceedings before the Tennessee Board for Licensing Contractors, the Tennessee Board of Examiners for Land Surveyors, the Tennessee Real Estate Commission, the Tennessee Auctioneer Commission, the Tennessee Board of Examiners for Architects and Engineers, and the Tennessee Real Estate Appraisers Commission.
Burrow & Cravens filed suit on behalf of an owner after an unlicensed contractor abandoned a $600,000 renovation construction project. The firm obtained a $1,000,000 agreed judgment on behalf of its client, without the necessity of a trial.
Burrow & Cravens has been hired on a number of cases to make claims for delays and disruptions in construction, and obtained awards well into six figures.
On two occasions, Tim Burrow was hired by out-of-state law firms as an expert witness to prepare a report regarding allegations of copyright violations. On both occasions, the case settled soon after Mr. Burrow’s report was presented.
Chris Cravens has served on multiple occasions in both civil cases and criminal cases as an expert witness in the area of Tennessee contractor licensing.
Against one of the largest banks in the country, Burrow & Cravens represented a businessman who fell upon hard times and was unable to make payments on a number of rental properties. Burrow & Cravens was hired after three properties were foreclosed on, and others were in the process of foreclosure. The firm was able to stop foreclosures on the remaining properties and ultimately convince the bank in mediation to pay six figures to settle the matter on allegations of wrongful foreclosures.
The only two reported appellate decisions involving Tennessee’s Prompt Pay Act include a party represented by Burrow & Cravens.
Burrow & Cravens was retained by a subcontractor who was terminated from the construction project after working approximately ten days. Burrow & Cravens was unable to convince the firm representing the general contractor to reconsider, and litigation ensued. The outcome at trial, which held up on appeal, was that the terminated subcontractor was awarded all profits it would have made had it been allowed to complete the work, plus attorneys fees.
The examples above are not to be construed as a representation that Burrow & Cravens will achieve extraordinary or even successful results. All lawyers have won cases they should not have won and lost cases they should have won, for no lawyer can control the mind of a judge, arbitrator, or those on a jury. The manner in which a case is presented, however, has a substantial impact on how it is viewed. The lawyers at Burrow & Cravens work hard to present cases in light most favorable to its clients.
COMMON AREAS OF PRACTICE
Construction contract disputes
Collections
Mechanics liens
Construction Bond claims
Subcontractor claims
General Contractor claims
Owner/Developer claims
Design Professional claims
Construction Defects
Design Defects
Delay, Disruption, and Interference claims
Acceleration claims
Change Order claims
CGL Insurance claims and Builders Risk Insurance claims
Improper Termination
Copyright Violations
Licensing Violations for Contractors
Licensing Violations for Land Surveyors
Increase in Contractor’s Licensing Limits
