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L. Wearen Hughes

Member

Nashville

(615) 742-6225

whughes@bassberry.com

https://www.bassberry.com/professionals/hughes-l-wearen/

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Wearen Hughes has more than 40 years of experience as an attorney, and some 25 years as an arbitrator and mediator. His primary focus is on construction contracting and litigation, environmental litigation, other types of commercial litigation, and dispute resolution. In his construction and real estate practice, he assists clients with construction and related real estate needs, minimizing exposure by helping them navigate design, construction and related contracts and various project delivery options. When disputes arise, Wearen protects his clients’ interests through litigation or alternative dispute resolution.

Wearen assists public and private owners, contractors, subcontractors, suppliers and design professionals in:

Construction & Design Matters – Representing clients in many types of construction-related disputes, including ones involving mechanics’ and materialmen’s liens, Prompt Pay Act and other payment issues, design and construction defects, changes and change orders, differing site conditions, bid disputes, acceleration, impact and delay claims, terminations, bond claims, and insurance disputes; and in drafting and negotiating many types of construction, design and related contracts, including industry-standard forms such as those from the American Institute of Architects (AIA) and Engineers Joint Contract Documents Committee (EJCDC).
Environmental Litigation – Representing public and private clients in various types of environmental disputes, including cost recovery actions, administrative proceedings and tort actions.
Alternative Dispute Resolution – Representing parties in numerous settlement negotiations, judicial settlement conferences, mediations and arbitrations.

In addition, Wearen has represented clients in numerous types of matters, including matters involving insurance coverage, creditor’s rights, products liability, industrial accidents, premises liability and commercial disputes.

Wearen serves as an arbitrator, having been on the American Arbitration Association panel of arbitrators since 1995. He is on the AAA Construction, Environmental, Large Complex Case and Consumer panels. He has served on panels, including as chair, and as a sole arbitrator in a variety of matters, with most involving construction and commercial disputes. He also serves as a mediator, primarily in construction–related disputes, but also in other types of disputes. His construction-related arbitrations and mediations have included most or all of the types of claims listed above. Wearen is a Tennessee Rule 31 General Civil mediator.

Memberships

Tennessee Bar Association

American Bar Association — Litigation Section; Committee on Construction Litigation and the Forum on Construction Law

Tennessee Association of Construction Counsel (TACC)

American Health Law Association (AHLA)

Representative Experience

Representation of Men of Valor in Partnership with 4th Purpose Foundation

Counseled Men of Valor in its new partnership with 4^th Purpose Foundation in East Tennessee

Our firm continues to represent Men of Valor in a pro bono capacity as it equips prisoners to successfully re-enter...

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Client Type: Pro Bono
Representation of Tissue Manufacturer in Arbitration with Engineer/Construction Manager

We represented a tissue manufacturer in connection with an arbitration with an engineer/construction manager concerning claims between the parties regarding...

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Client Type: Private Company
Representation of Electrical Subcontractor in Arbitration Concerning Washing Machine Plant

We represented an electrical subcontractor in a multi-party arbitration involving numerous claims by the owner, design/builder, a mechanical subcontractor and...

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Client Type: Private Company
Nashville Attorneys Provide Pro Bono Advice in Virtual Legal Clinics

To meet the continuing needs of their low-income clients during the COVID-19 pandemic, Legal Aid Society of Middle Tennessee and...

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Client Type: Pro Bono
Representation of Nashville Prison Ministry Combatting Recidivism

We have provided ongoing counsel to Men of Valor in its construction of Valor Ridge, a housing development providing services...

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Client Type: Pro Bono
Advised Manufacturer on Design and Construction Issues on $200 Million Project

Advised a manufacturer on issues arising from a $200 million plant expansion project

We advised a manufacturer in connection with issues related to the design and construction of a $200 million plant expansion...

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Representation of Museum Owner in Dispute Over $100 Million Development

Represented a museum owner in a dispute with their architect

We represented an owner of a $100 million museum development in resolving disputes with its architects.

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Representation of Prison Ministry over Bond Claim and Drafting Construction Contract

Represented prison ministry with a bond claim and the drafting of a construction contract for a housing project

We represented a prison ministry in connection with a claim on a bond. We also assisted with the drafting of...

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Representation of School Board in Dispute over $26 Million Project

Represented a school board in a dispute with the architect and contractor on a $26 million school project

We represented a school board in resolving disputes with its architect and contractor on a $26 million school project.

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Representation of Credit Union in Dispute with Design/Builder

Represented a credit union in a dispute with a design/builder involving multiple projects

We represented a credit union in resolving a dispute with its design/builder involving several different projects.

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Publications

Recent Tennessee Construction Cases Regarding Effects of Unlicensed Contracting and “Time is of the Essence” Clauses in Contracts

September 18, 2020
Tennessee Enacts New Construction Legislation in 2020

July 28, 2020
Tennessee Legislative Updates in the Construction Industry

June 27, 2019

Past Events

Risk Happens. Are You Prepared?

February 26, 2015 | Franklin, Tennessee
2015 RIMS Symposium
Litigation: Allegations, Defenses and Proving Your Case

December 16, 2013 | Nashville, Tennessee
NBI Construction Defect Litigation Seminar
How to Help Your Arbitrator

December 4, 2013 | Webinar
American Arbitration Association

Media Mentions & Firm News

Mid-South Super Lawyers 2020 Lists 57 Bass, Berry & Sims Attorneys

December 11, 2020
91 Attorneys from Bass, Berry & Sims Recognized in The Best Lawyers in America© 2021

August 20, 2020
15 Bass, Berry & Sims Attorneys Recognized as “Lawyer of the Year” by The Best Lawyers in America© 2021

August 20, 2020

Accolades

Best Lawyers® — Nashville Arbitration “Lawyer of the Year” (2021, 2013); Nashville Mediation “Lawyer of the Year” (2020); Nashville Litigation: Construction “Lawyer of the Year” (2019, 2017, 2012); Nashville Construction Law “Lawyer of the Year” (2018, 2016)

Lawdragon 3000 Leading Lawyers in America

Don L. Smith Award — Tennessee Association of Construction Counsel

Mid-South Super Lawyers (2007-2020)

Nashville Post “Nashville’s 101 Top Lawyers” (2011)

Nashville Bar Foundation — Fellow

American Arbitration Association — Panel of Neutrals

Tennessee Commission on Alternative Dispute Resolution — Rule 31 Mediator

Tennessee Association of Construction Counsel — Past President

Dispute Resolution, Tennessee Bar Association Dispute Resolution Section newsletter — Past Editor

Education

Vanderbilt Law School - J.D., 1977
Vanderbilt University - B.A., 1974

Admissions

Tennessee, 1977

U.S. District Court, Eastern District of Tennessee
U.S. District Court, Middle District of Tennessee
U.S. District Court, Western District of Tennessee
U.S. Court of Appeals, Sixth Circuit