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
Retaining Wall Foundation Materials Deemed Irrelevant, Collapse Inevitable
Judgment upheld on appeal where subsequently discovered materials used to backfill retaining wall would not have altered Trial Court’s grant for summary judgment In Lyon Roofing, Inc. v. Griffith, 2023 Tenn. App. LEXIS 232, *7 (Tenn. Ct. App. June 5, 2023), the City of Carmel, Tennessee was granted summary judgment based on an engineering expert’s undisputed opinion that the retaining … 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
Out of State, Not Out of Mind
Alabama Contractor Sued in Tennessee for Construction Defect on Alabama Project In a cautionary tale that some out-of-state contractors may find somewhat surprising, the Tennessee Court of Appeals recently ruled that a homeowner could sue an Alabama contractor in Davidson County regarding construction of a lake house in Muscle Shoals, Alabama. Baskin v. Pierce & Allred Constr., Inc., 2022 Tenn. … 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
Covid-19 & Construction in Tennessee: Are We Open for Business? Apparently, but . .
Employers across the entire spectrum of the economy are grappling with impacts to operations and ongoing business functions brought on by the Covid-19 pandemic. With remote workforces, the construction industry faces some unique challenges, especially in the face of pressure to part with and donate PPE that workers use every day. On March 30, Governor Lee issued Executive Order 22, … Read More
Ready. Set. Go Build!
Construction is booming in Nashville. If there is any doubt, simply look at the Nashville Business Journal’s “Crane Watch.” Construction of smart buildings are also easier now thanks to the advancements in technology. One of them is Digital twins for cities that helps builders design and conceptualize large-scale projects. Despite vast amount of new construction, contractors continue to struggle to find … Read More