Less

Mr. Less is the Chair of the Butler Snow Task Force for the Construction Industry and concentrates his practice in all aspects of Construction Law, including drafting and negotiating design contracts, construction contracts, and various other construction industry related agreements.  He provides legal problem solving advice to clients while projects are under construction and represents clients in disputes, both in court and alternative dispute resolution.  

• Commercial Litigation
• Construction Litigation
• Alternative Dispute Resolution
• Construction & Building Products Litigation

Construction

• Mr. Less has been involved with numerous private and public projects serving as counsel for owners, contractors, subcontractors, suppliers, design professionals, financial institutions, insurance companies and sureties.  He has handled contract drafting, contract negotiation, dispute resolution and transactional matters for clients engaged in the construction industry.  He has also represented clients in contract litigation and arbitration throughout the United States.

• Martindale-Hubbell®
  • AV®-Preeminent™ Peer Review Rated, 2012-2023
• Chambers USA, America's Leading Lawyers for Business
  • Construction – Tennessee, 2023
• Best Lawyers in America®
  • Litigation – Construction, 2011-2024
• Super Lawyers®
  • Mid-South Super Lawyers, Construction Litigation: Business, 2006-2023
• American College of Construction Lawyers Fellow, 1996-2017
• American College of Construction Lawyers Foundation
  • Board of Directors, Secretary
• Don L. Smith Award in Recognition of Lifetime Achievement in the Advancement of Tennessee Construction Law, 2010

• Tennessee, 1972
• U.S. District Courts
• Mississippi: Northern
• Florida: Northern
• Arkansas: Eastern
• Tennessee: Middle, Western
• U.S. Court of Appeals
• 5th Circuit
• 6th Circuit
• 11th Circuit
• Tennessee Supreme Court
  U.S. Court of Federal Claims

• University of Memphis School of Law, J.D., 1972
• University of Missouri, B.A., 1969

• American Bar Association
  • Forum on the Construction Industry
  • Tort and Insurance Practice Section
  • Fidelity and Surety Law Committee
    • Former Vice Chairman
• American Arbitration Association
  • West Tennessee Advisory Council
    • Former Member
• American College of Construction Lawyers
  • Board of Governors, 2009-2011
• Associated Builders & Contractors
  • Legal Rights Committee
    • Former Member
• Memphis Bar Association
• National Bond Claims Association
• Surety Claims Institute
• Lex Mundi Legal Network
• Tennessee Association of Construction Counsel
  • Founding Member
  • President, 2005-2006
  • Vice President, 2004-2005

• Presenter, “Legislative Updates in Tennessee Construction Law,” Half Moon Seminars, Memphis, Tenn., October 2020.
• Presenter, The Rights and Obligations of a Project Manager, St. Jude Children's Research Hospital (Memphis, TN, 2014)
• Presenter, Surety Law, the Basics and Litigation and Arbitration Strategies for Dealing with the Surety, Tennessee Association of Construction Counsel, 2012 Annual Meeting (Nashville, TN, 2012)
• Author, The Construction Law Handbook/Tennessee Practice Series, Vol. 27, (West Publications, 2010 Edition thru 2017 Edition)
• Contributing Editor, The Law of Payment Bonds, Second Edition (ABA Book Publishing, 2011)
• Presenter, The Presentation of a Payment Bond Claim, American Bar Association, FSLC/TIPS - The Law of Payment Bonds, 2011 Spring Meeting Program (Lake Geneva, WI, 2011)
• Presenter, Calculating and Defining the Surety's Time to Complete, American Bar Association, FSLC-TIPS/Forum on the Construction Industry - The Critical Construction Issues Facing the Performing Surety, 2011 Mid-Winter Meeting Program (New York, NY, 2011)
• Presenter, The Troubled Project: Strategies for Dealing with the Surety, American College of Construction Lawyers, 2010 Annual Meeting (San Diego, CA, 2010)
• Presenter, Dispute Resolution: Remedies for Non Payment; Statutes Affecting Construction, American Bar Association Forum on the Construction Industry - Fundamentals of Construction Law: Learn the Basics from the Pros (Nashville, TN, 2009)
• Author, Recovery of Interest and Attorneys Fees, Construction Law Handbook, Chapter 42 (Walters Kluwer, Law and Business, 2008-2010)
• Presenter, AIA Contracts in Tennessee, Lorman Education Services (Memphis, TN, 2007)
• Presenter, Hurricane Warnings: Dealing with the Cumulative Effects of RFI's, Change Order Requests and Change Directives, American Bar Association Forum on the Construction Industry - Another Perfect Storm, 2007 Fall Meeting Program (Newport, RI, 2007)
• Presenter, OCIP and Project Specific Insurance, Tennessee Association of Construction Counsel (Tunica, MS, 2007)
• Presenter, Project Specific Insurance for Owners, American Bar Association Forum on the Construction Industry Division 12, Steering Committee, 2007 Mid-Winter Meeting (San Francisco, CA, 2007)
• Presenter, Advanced Tennessee Construction Law, Professional Education Systems Institute (Memphis, TN, 2005)
• Presenter, Ten Important Recent Construction Cases in Tennessee, Tennessee Association of Construction Counsel (Franklin, TN, 2004)
• Author, Review Performance Bond to Make Sure You're Protected if Contractor Defaults, School Superintendent's Insider (October 2003)
• Presenter, Art of Arbitration, Tennessee Bar Association (Memphis, TN, 2002)
• Presenter, Public Contract Code and Competitive Bidding in Tennessee, Lorman Education Services (Memphis, TN, 2002)
• Presenter, Administration of the Construction Contract, St. Jude Children's Research Hospital (Memphis, TN, 2002)
• Author, Fifty State Construction Lien and Bond Law, The Fundamentals of Construction Contracts: Understanding the Issues (Tennessee section) (Aspen Publishing, 2001-2014)
• Author, Building and Construction Documents, Tennessee Practice Series, Chapter 12 (West Publishing, 2002-2014)
• Author, The Law of Payment Bonds, American Bar Association, Tort Trial and Insurance Practice Section, Fidelity & Surety Law Committee, Chapter 5 (2001)
• Presenter, Construction Lien Law in Tennessee, Lorman Education Services (Memphis, TN, 1997; 1998; 2000; 2001)
• Presenter, Construction Contracting for Public Entities in Tennessee, Lorman Education Services (Memphis, TN, 2000; 2001)
• Author, Survey of State Arbitration Statutes, American College of Construction Lawyers (2000)
• Author, Improving the Odds for a Well Managed Project: Practical Tips in Casino Construction, The Gaming Lawyer (Summer 2000)
• Presenter, Tennessee Construction Issues, Lorman Education Services (Memphis, TN, 2000; 2001)
• Author, Recovery of Interest and Attorney's Fees, The Aspen Construction Law Handbook, Chapter 33 (Aspen Publishers, 1999)
• Presenter, Law of Payment Bonds, American Bar Association (1998)
• Presenter, Casino Construction - The New Mecca of Money Pit, Construction Financial Management Association (1994; 1995)
• Presenter, Place Your Bets - and Your Insurance - on a Casino Construction Project, American Bar Association (New Orleans, LA, 1994)
• Author, Building and Construction Agreements in Tennessee, West Publishing Company (1992)
• Presenter, Tennessee Construction Law, Cambridge Institute (1992)
• Author, Tennessee Construction Law, Tennessee Bar Association (1991)
• Presenter, Protecting the Owner's Interest in Construction Contracting, Pickering, Inc. (1990)
• Presenter, Protecting the Public Owner's Interest in Construction Contracting, Tennessee County Attorney's Association (1990)
• Author, Handling Fidelity & Surety Claims, Wiley Publications (1990)
• Presenter, Preparation and Drafting Construction Contracts, Tennessee Bar Association (1989)
• Presenter, A Review of the 1987 Edition of AIA Forms, ENCORP/AMCA International (1988)
• Presenter, Tennessee Construction Law & Mechanics' Liens, Professional Education Systems (1987)
• Presenter, Turning the Tide in Tank, a Discussion of the Surety's Options in the Event of the Contractor's Bankruptcy, Surety Claims Institute (1986)
• Presenter, Defenses of the Surety, Professional Education Systems (1984)
• Presenter, Tennessee Construction Law, Professional Education Systems (1982)

• Memphis Jewish Federation
  • Former Board Member
• Memphis Jewish Home
  • Former Board Member
• Leukemia and Lymphoma Society
  • Man of the Year (2002)