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1993 Tennessee Attorney General Reports and Opinions 1 (1993)

handle is hein.sag/sagtn0129 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE
Published by Authority of Chapter 276
Public Acts of 1971
February, 1993
93-12    CONTRACTORS:General Contractors: A general contractor
may not legally contract with.an owner to do the work
on a single project, the full value of which work
substantially exceeds the monetary limitations on the
contractor's license, by dividing up the work into a
series of smaller contracts with that one contractor,
each of which is within the monetary limitations of
the contractor's license. Such a division of work for
purposes of avoiding the application of the law would
place both the contractor and the owner in violation
of the Tennessee Contractors Licensing Act.
Additionally, the contractor would be considered to be
contracting without a license, subjecting him to civil
penalty and the possibility of temporarily losing his
license. An unlicensed contractor suing on his
contract in a court of equity is also precluded from
recovering anything but his actual documented
expenses. When the owner directly contracts with more
than one contractor, the pertinent monetary value for
purposes of the contractor licensing statutes is the
monetary value of each contractor's individual
undertaking, not the value of the entire project.
T.C.A. 57-62-101-104, §8-24-101, §62-2-101-111; Tenn.
Atty. Gen. Op. 91-14 (February 4, 1991).
93-10    COURT:Juvenile: A conflict of interest exists where a
juvenile court youth services officer also serves as
an auxiliary officer for the sheriff's department, and
there is also a conflict of interest where a juvenile
court youth services officer works part time as a
member of the police department of a city within the
county. T.C.A. 58-8-213, §37-1-102-103,
§37-1-105-106, §37-1-128, §38-3-101-102, §38-3-108,
§38-8-101, S38-8-110.
93-14    EDUCATION:Superintendent of Public Instruction: A
legislative body of a county where the county school
superintendent is not currently appointed by the
school board which wishes to exercise its option
temporarily to retain that county's current method of
appointing or electing the superintendent, may
exercise its option to tetain that method at any time
within the year prior to such appointment. If

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