Wearen concentrates his practice in the areas of commercial litigation (including construction and environmental litigation), construction law, arbitrations and mediations. His experience includes the following:
- Representation of owners (public and private), lenders, general contractors, subcontractors and suppliers regarding various types of construction and products liability claims, including mechanics' and materialmen's liens, bond claims, defect claims, mold claims, delay claims, scope of work claims, change orders and lender liability claims.
- Representation of parties in Miller Act claims (bond claims on federal projects) and on state and local public projects.
- Representation of subcontractor on state road projects.
- Representation of environmental contractor on state bid protest.
- Representation of contractors regarding state registration and licensing matters.
- Service as an arbitrator and mediator in construction and commercial disputes.
- Representation of a material suppliers organization in obtaining an amendment to Tennessee's Mechanics and Materialmen's Lien Law. Served on a Tennessee Bar Association Special Committee that recommended changes to Tennessee's Lien Law.
- Representation of a contractor in the defense of a class action claim.
- Representation of owners, contractors, subcontractors and suppliers in contract negotiating and drafting on numerous private and public construction projects.
- Representation of parties in the pursuit or defense of actions for recovery or contribution of response costs incurred in environmental remediations under CERCLA and related statutes and theories, and in other types of environmental matters.
- Representation of a city in connection with environmental issues regarding a waste water treatment plant.
- Representation of lenders, creditors and trustees in Chapter 7 and 11 bankruptcy cases and adversary proceedings, including bankruptcy cases of publicly held companies, preference and other avoidance action litigation, cash collateral issues, stay relief and plan confirmation.
- Representation of lenders in the defense or pursuit of claims involving borrowers or third parties, including lender liability claims.
- Representation of client in pursuit of a sizable claim for overcharges for electrical power.
- Representation of clients in numerous types of commercial disputes.
Wearen received his B.A. degree, cum laude, from Vanderbilt University in 1974. He attended Memphis State University Law School for his first year of law school and was a member of the Memphis State University Law Review. In 1977, he received his law degree from Vanderbilt University School of Law (where he was Order of the Coif) and joined Bass, Berry & Sims that year. Wearen, who is listed in The Best Lawyers in America® and the Lawdragon 3000 Leading Lawyers in America, is a member of the Nashville Bar Association, Tennessee Bar Association and American Bar Association, and is a Fellow of the Nashville Bar Foundation. In the American Bar Association, he is a member of the Litigation Section, the Litigation Section's Committee on Construction Litigation and the Forum on the Construction Industry. He co-authored "Holding On To What You Have Been Paid: Defending A Preference Action Against A Contractor, Subcontractor Or Supplier," Construction Lawyer, Volume 16, No. 2, January 1996, published by the Forum on the Construction Industry. He also co-authored "Considering The Self-Critical Analysis Privilege In Construction Litigation: Potential Protection of Investigations and Self-Evaluations," Construction Lawyer, Volume 17, No. 3, July 1997. He also authored a chapter in Fundamentals of Construction Law published by the American Bar Association in 2001. He is active in the Tennessee Association of Construction Counsel, having been on its Executive Committee since its founding and served as President in 2007. He is on the American Arbitration Association panel of neutrals for construction arbitrations. He is an approved Rule 31 Mediator in the field of General Civil Mediation in Tennessee. Wearen is a frequent speaker on Tennessee construction law and alternative dispute resolution.
Wearen is married with three children. He is a member and Elder of First Presbyterian Church in Nashville, and is active in, and periodically serves on the board of, Christian Leadership Concepts, Inc., a nonprofit organization that provides Christian leadership training for men. Wearen is a private pilot with an instrument rating and flies a Cessna 182.
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