Engineering Consultant Prevails Over Developer’s Emailed Invoice, Contract Attachment Defenses

Contract drafting

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

Waiver of Written Change Orders and Unjust Enrichment

Construction worker pouring concrete

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