Wally Irvin

Practice Areas

Construction

Architect, Engineer and Surveyor Professional Liability

Business & Commercial

Corporate

General Civil

Insurance

Litigation & Dispute Resolution

Mediation/Alternative Dispute Resolution

Municipal & Administrative

Professional Liability

OSHA Defense

Career

J. Wallace Irvin is a shareholder at Lewis Thomason’s Nashville office where he concentrates his practice on the construction industry. With a dedicated focus on serving architects, engineers, contractors, and surveyors, Mr. Irvin’s practice involves a broad range of legal issues. He provides valuable counsel to clients in contract negotiations, project administration, closeout procedures, construction defect defense, and the assertion and enforcement of lien and bond claims. In addition to his work on business and contractual matters, Mr. Irvin offers expert guidance to clients facing administrative challenges before the Occupational Health and Safety Administration, the Board of Architectural and Engineering Examiners, and the Board for Licensing Contractors. Mr. Irvin is also honored to be listed as a Tennessee Supreme Court Rule 31 Civil Mediator, where he plays a critical role in facilitating constructive resolutions in complex legal disputes.

Beyond his legal practice, Mr. Irvin is a prolific contributor to various industry publications, including the 2017 A201 Desk book (ABA/AIA 2017), the Tennessee Construction Law Handbook (HLK 2017), the Annotated Construction Law Glossary (ABA 2011), and the Law of Payment Bonds (ABA 2011). Mr. Irvin is a dedicated advocate of knowledge sharing within the construction industry. He frequently serves as a lecturer and presenter to trade organizations and seminar providers, sharing his insights and expertise with the broader community. Mr. Irvin takes particular pride in his involvement as part of the construction industry coalition that successfully amended Tennessee’s construction statutes in 2020, providing enhanced statutory protections and remedies for contractors and design professionals.

Professional Memberships

Tennessee Association of Construction Counsel (Membership Chair)

Tennessee Bar Association, Construction Section

Nashville Bar Association (Friday Fundamentals Committee)

Associated General Contractors of Tennessee (Legislative Committee)

AGC, Middle Tennessee Brach (Construction Leadership Council; Legal Advisory Committee)

American Institute of Architects, North Alabama Chapter

Tennessee Society of Professional Engineers

American Bar Association, Forum on Construction Law

Alabama State Bar, Construction Industry section

Homebuilders Association of Nashville/Middle Tennessee

Construction Specifications Institute

Clients

Clayco, Inc.

SPWC, LLC d/b/a SERVPRO of Wilson County

SPWC Construction, LLC d/b/a SERVPRO OF WILSON COUNTY

MAIT Investments, LLC

Empower Electric, LLC

Work Highlights

Obtained summary judgment in favor of subcontractor directly against owner of project on claims for bad faith violation of the Prompt Pay Act under implied contract theory premised upon a builders risk insurance policy for failing to pay subcontract amount of $200,000, plus interest and attorney fees for owner’s bad faith. SPWC, LLC d/b/a Servpro of Wilson County v. Mt. Juliet IL-AL Investors, LLC and EMJ Corporation, Wilson County Chancery Court Docket No. 2022-CV-28.

Obtained dismissal of mechanics’ lien, payment bond, and quantum meruit claims for $100,000 in state and federal court on behalf of property owner based upon alleged subcontractor’s failure to state a claim under lien statutes and state common law. Kalos v. White House Village, LLC et al., U.S. District Court for Middle District of Tennessee 3:20-cv-00812, affirmed by 2022 U.S. App. LEXIS 538; Sumner County Chancery Court No. 2021-CV-14.

Obtained voluntary dismissal of subcontractor in action for allegedly defective work upon filing of motion to dismiss based on contractor’s/owner’s failure to comply with Tennessee’s Construction Defect Statute or to otherwise provide notice and opportunity to cure.

Obtained default judgment against owner and direct/superior judgment against lender on mechanic’s lien claim of more than $300,000 plus interest and attorney fees and order of sale on behalf of contractor.

Expert in these Jurisdictions

Tennessee

Alabama

Education

Awards