Judgment ordering destruction of nearly complete structure due to restrictive covenant violation upheld on appeal. In Burkett v. Stevens, 684 S.W.3d 399, 401 (Tenn. Ct. App. 2023), the Tennessee Court of Appeals upheld a harsh ruling which ordered Defendant to abandon and destroy her nearly complete “cottage” in light of a restrictive covenant. The restriction had been imposed onto an … Read More
Initial Here: Arbitration Clauses & Residential Construction in Tennessee
Initial Here: Tennessee’s Unique Requirement for Arbitration Clauses Concerning Residential Construction The Tennessee Arbitration Act (“TAA”), which is found at Tenn. Code Ann. § 29‑5‑301, et seq., contains a unique provision concerning arbitration provisions related to residential construction. Specifically, Tenn. Code Ann. § 29‑5‑302(a) provides as follows: A written agreement to submit any existing controversy to arbitration or a provision in a … Read More