Practice Areas
Nashville Construction, Commercial Litigation, Employment and Real Estate LawyersThe attorneys at Kirksey & McNamee PLC provide skilled, quality legal services to large and small business and institutional clients, as well as individuals. Below is a brief description of the areas of law practiced by the lawyers at Kirksey & McNamee PLC. For more detailed information, please contact the firm directly. Construction Law A large number of the firm's clients are involved in the construction industry. Attorney Gerald Kirksey is an engineer and former contactor, and leads the firm’s team of construction lawyers in the following: determination of construction delivery method: construction management, design / build, or traditional lump sum construction contracts; construction contract negotiation and preparation; construction administration including change order and claim review; the pursuit or defense of construction lien and construction bond claims; construction delay and disruption claims; construction contract default and termination issues; bid mistakes and bid protests; construction defects; prompt pay act claims; Miller Act claims; and various other constructional law related issues. Several of the firm's lawyers are members of the ABA's Forum on the Construction Industry and the Tennessee Association of Construction Counsel. The firm also assists several Tennessee School Systems through their construction delivery and procurement process. Labor and Employment Law Prior to forming Kirksey & McNamee PLC, attorney Stafford McNamee had 25½ years of experience as a labor and employment lawyer with a large Nashville, Tennessee law firm. Together with other members of his current firm, he represents management in discrimination charges and lawsuits, including: Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Fair Labor Standards Act, the Tennessee Human Rights Act, and the Family and Medical Leave Act. Stafford has experience in handling sexual harassment, disability discrimination, wrongful discharge, retaliatory discharge, covenant not to compete, and breach of loyalty matters. Stafford has represented management in labor campaigns, unfair labor practice charges, arbitration proceedings and union-management negotiations. In addition to handling many Employment litigation matters, the firm prepares and advises on employee handbooks, and has presented seminars to its clients, and to other attorneys, on matters of labor and employment law and wage and hour law. Transactional and Real Estate Law The firm assists clients with contract drafting and utilizes negotiation skills to assist clients in reaching fair and balanced contracts. The firm also assists in the preparation of documents and closing of commercial real estate deals. The firm assists clients in lease negotiations and the acquisition and negotiation of financing, franchise agreements, non-regulated mergers and acquisitions including the acquisition of additional operating centers and the acquisition of substantially all of the assets of other entities. Because representation of manufacturing and construction clients often involves state sales and use tax issues, the firm routinely advises clients in compliance issues. Dispute Avoidance and Resolution The firm represents clients in mediation and arbitration. However, the firm believes that dispute avoidance begins with the negotiation of balanced contracts and an understanding, by the persons administering the contracts, of what the contracts contain. Consequently, the firm often provides representation to its clients in all phases of the contract process. Commercial Litigation When litigation becomes necessary, Kirksey & McNamee PLC represents many of its clients in court. Many of the Firm’s attorneys are litigators who practice in Tennessee State and Federal trial and appellate courts as well as represent clients in administrative proceedings. Kirksey & McNamee PLC 5250 Virginia Way, Suite 240 Brentwood, TN 37027 Telephone: (615) 373-9990 Telecopier: (615) 371-8810
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