Gus Sara | The Subrogation Strategist | July 5, 2018 In Durkin v. MTown Construction, LLC, 2018 Tenn. App. LEXIS 128, the Court of Appeals of Tennessee considered whether the lower court properly took judicial notice of an alternative measure of damages to the measure of damages advanced by the plaintiff. The Court of Appeals held… Continue reading Tennessee Court of Appeals Holds Defendant Has the Burden of Offering Alternative Measure of Damages to Prove that Plaintiff’s Measure of Damages is Unreasonable
Tag: Tennessee
“Was Not” versus “Is So”: Court Clarifies Whether Exceeding Monetary License Limit Affects Contractor’s Recovery
Matthew DeVries | Burr & Forman LLP | June 18, 2018 After a great extended weekend on the beaches of Florida, we embarked upon the drive back to Nashville with six kids. Despite the clearly defined travel rules, the antagonizing kid was putting his feet on the emotional kid. The creative kid was writing on… Continue reading “Was Not” versus “Is So”: Court Clarifies Whether Exceeding Monetary License Limit Affects Contractor’s Recovery
Elements of a Bad Faith Cause of Action in Tennessee
Shane Smith – June 21, 2014 If you are a daily reader of our blog, you know that we discuss many of the latest developments in first party bad faith actions from jurisdictions across the nation. Today, I will discuss the requirements for asserting a successful claim for breach of the covenant of good faith… Continue reading Elements of a Bad Faith Cause of Action in Tennessee
Recent Tennessee Legislation Affecting the Construction Industry
May 20, 2013 Earlier this year, the 108th General Assembly of Tennessee passed several bills of interest to owners, contractors, subcontractors, architects and others in the construction industry. This summarizes some of the notable bills. Underlicensed Contractors/No Lien Rights/Attachment of Mechanics’ Liens A bill clarifies that it is unlawful for any person to bid on… Continue reading Recent Tennessee Legislation Affecting the Construction Industry