Recent decision out of the Tennessee Court of Appeals offers cautionary tale for Tennessee homebuilders. In Garrett v. Hidden Valley Homes, LLC, No. M2022-015310-COA-R3-CV, 2023 LEXIS 426 (Tenn. Ct. App. Aug. 22, 2023), the Tennessee Court of Appeals upheld the Trial Court’s ruling that complying with Codes may not be enough to avoid liability for defective construction, offering a cautionary … Read More
Engineering Consultant Prevails Over Developer’s Emailed Invoice, Contract Attachment Defenses
Tennessee Court of Appeals affirms award of approximately $200,000 in compensatory damages and attorneys’ fees to engineering firm in contract interpretation dispute. In Gresham, Smith & Partners v. Middleburg Real Estate Partners, LLC, 2023 Tenn. App. LEXIS 395 (Tenn. Ct. App. Sep. 25, 2023), a defendant developer (the “Developer”) appealed the trial court’s ruling that they breached their contract with … Read More
Owners Not Entitled to Statute of Repose Defense
Appellate Reversal of Summary Judgment Highlights Purpose of Construction Statute of Repose In Clayton v. Dixon, 2023 Tenn. App. LEXIS 115 (Tenn. Ct. App. March 23, 2023), a property owner sued adjacent property owners for property damage caused by the installation of an allegedly deficient pipe culvert. Mark Clayton, the owner of residential property, sued his neighbors, Joseph and Faye … Read More