Tennessee Supreme Court holds economic loss doctrine does not bar jury’s $3.9M punitive damages award in contractor-subcontractor dispute. In Commercial Painting Co. v. Weitz Co. LLC, 676 S.W.3d 527 (Tenn. Sept. 27, 2023), the Tennessee Supreme Court considered whether the economic loss doctrine applied to claims other than products liability. The economic loss doctrine traditionally precludes recovery in tort for … Read More
Economic Loss Rule Applied to Commercial Construction Contracts
The economic loss rule bars tort claims arising under construction contracts negotiated between sophisticated commercial entities. For years, the economic loss rule (or economic loss doctrine) has applied to limit a claimant to its contractual remedies and bar tort claims for purely economic loss. In fact, the Tennessee Supreme Court recently held in Milan Supply Chain Sols. v. Navistar that: … Read More
Waiver of Written Change Orders and Unjust Enrichment
Tennessee Court of Appeals Finds in Favor of Subcontractor in Claim Against Owner The Tennessee Court of Appeals recently affirmed a trial court’s decision in favor of a subcontractor where the general contractor went under and the subcontractor asserted a lien claim and a claim for unjust enrichment against the owner. The owner argued that the subcontractor did not comply … Read More