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Practice Area: Construction

Tennessee Court Of Appeals Upholds Judgment Holding That A Contract With A Target Completion Date And Start Immediately Language Contained An Implied Time Is Of The Essence Term

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In Franks v. Bilbrey, the Tennessee Court of Appeals held that a construction contract containing a target construction completion date and the phrase “start immediately” contained an implied “time is of the essence” term, which the contractor breached by delaying completion well beyond the target completion date. No. M2021-00766-COA-R3-CV, 2022 WL 4588871, at *1 (Tenn….
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Florida District Court Of Appeals Reverses Grant Of Summary Judgment To Developer That Challenged Development Density Ordinance Under Statutory Inordinate Burden Standard

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In a ruling on an interlocutory appeal, the Florida District Court of Appeal for the Fifth District recently reversed a summary judgment in favor of Waters Mark Development Enterprises, LC (“WMDE”) against Brevard County (“the County”) because  WMDE had not proven that the County’s residential development density standard constituted an inordinate burden on WMDE’s use…
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Court Of Appeals Of Mississippi Holds That A Party Seeking To Compel Arbitration Has Not Invoked The Litigation Process When It Enters Default And Responds To Dispositive Motions With A Specific Reservation Of Its Right To Arbitration

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The Mississippi Court of Appeals recently held that a general contractor that sought to compel arbitration in a breach of contract dispute between it and another contractor did not waive its right to pursue arbitration by invoking the litigation process, when it entered a notice of default (that it later agreed to withdraw) and defended…
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Supreme Court Of Tennessee Reverses Lower Court’s Limitation Of Attorney’s Fees And Costs Award To A Homeowner

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In Donovan v. Hastings, the Supreme Court of Tennessee analyzed whether the trial and appellate courts properly limited an award of attorney fees and costs under Tennessee Code § 20-12-119(c) to a plaintiff homeowner to those incurred after the date an amended countercomplaint was filed by the defendant contractor. 2022 WL 12301177, at *1 (Tenn….
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Florida Court Of Appeal Clarifies Timing Rule In Constuction Lien Statute

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In A. Alexis Varela, Inc. v. Pagio, No. 5D21-2077, 2022 WL 1592482 (Fla. Dist. Ct. App. May 20, 2022), the Florida Fifth District Court of Appeal reversed a trial court’s order dismissing a contractor’s lien foreclosure claim. The Court of Appeal stated that the trial court erred in computing the deadline for the contractor to…
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Tennessee Court Of Appeals Holds Alabama Based Contractor Must Litigate In Davidson County

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The Tennessee Court of Appeals recently held Tennessee courts could exercise personal jurisdiction over Pierce & Allred Construction, Inc. (the “Defendant”), an Alabama-based company. Baskin v. Pierce & Allred Construction, Inc., No. M202100144COAR3CV, 2022 WL 258631 (Tenn. Ct. App. Jan. 28, 2022). The Court of Appeals also held Davidson County, Tennessee was a proper venue…
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Florida Court Of Appeal Says Neighborhood Association Is Bound By Arbitration Agreement

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In Lennar Homes, LLC v. Martinique at the Oasis Neighborhood Association, Inc., No. 3D20-1732, 2021 WL 6057113 (Fla. Dist. Ct. App. Dec. 22, 2021), the Third District Court of Appeal reversed the trial court’s decision to deny Lennar Homes, LLC’s (“Lennar Homes”) Motion to Compel Arbitration. The Court of Appeal held the arbitration provision was…
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