Breach of Contract or Unjust Enrichment — Pick One
RST and Plaintiffs entered into an agreement to pursue the development of a solid waste transfer station for use by RST in Davidson County, Tennessee. RST had an affiliate company, RSI, that was not a party to the contract but which would have been involved in the project as it moved forward. At some point the principals of RST stated they were terminating the agreement. Plaintiffs sued both RST and RSI for, among other things, breach of contract and unjust enrichment.
By A Tight Squeeze: Handling Construction Defects in Tennessee
Before filing a claim against a contractor for defective construction, Tennessee property owners must follow certain steps. For defects involving commercial structures, the process is governed by statute. The property owner must, before filing suit, give the contractor notice of the defect and an opportunity to cure it. See T.C.A. § 66-36-101 et seq. That includes allowing the contractor reasonable access to the property during normal hours to inspect the alleged defect. T.C.A. § 66-36-103.
The Boyds Build Their Dream House and Sue the Contractor
The Boyds and Mr. Wise knew each other socially (apparently they played tennis together). During this relationship they each learned that the Boyds wanted to build a new house and that Mr. Wise was a contractor. From this apparently fortuitous match, many faults followed. With construction in the final set, a dispute arose between the parties. Mr. Wise’s construction company, Wise Construction LLC sued the Boyds. The Boyds answered and counter-sued that they were not party to a contract with Wise Construction LLC but with Mr. Wise individually, because when he signed the construction contract he did not sign in a representative capacity.
Restrictive Covenant Lawsuit Dismissed for Lack of Personal Jurisdiction
AmSurg Corporation sued a former division president, Frank Principati, in U.S. District Court in Nashville for allegedly violating a non-solicitation agreement with AmSurg. Judge Haynes dismissed the case without prejudice due to a lack of personal jurisdiction over the defendant. The case is Amsurg Corp. v. Principati, 2011 WL 780676 (M.D. Tenn. Feb. 28, 2011).
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