Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

E Solutions for Buildings, LLC v. Knestrick Contractor, Inc.

Court of Appeals of Tennessee, Nashville

April 17, 2018

E SOLUTIONS FOR BUILDINGS, LLC
v.
KNESTRICK CONTRACTOR, INC., ET AL.

          Session March 28, 2018

          Direct Appeal from the Chancery Court for Davidson County No. 15-62-IV Russell T. Perkins, Chancellor

         This appeal involves a construction contract dispute among a general contractor, a subcontractor, and the subcontractor's equipment supplier regarding liability for construction project delays. After a four-day bench trial, the trial court resolved most of the substantive issues among the parties and ultimately determined that the prevailing parties were entitled to awards of attorney's fees pursuant to various contractual provisions. However, the trial court did not make the awards of attorney's fees at that time because the parties had not submitted sworn itemizations of services rendered. As a result, the trial court directed the parties to renew their requests for attorney's fees after any appeals were exhausted. The requests for attorney's fees were granted in part and denied in part "without prejudice." Due to the outstanding unresolved issues regarding the attorney's fee awards, we conclude that the appeal must be dismissed.

         Tenn. R. App. P. 3 Appeal as of Right; Appeal Dismissed

          Paul Toby Housch, Nashville, Tennessee, for the appellant, Air Comfort Heating and Cooling, LLC. Timothy Howland Nichols, Nashville, Tennessee, for the appellee, E Solutions for Buildings, LLC.

          Adam Grant LaFevor and Amy Wood Malone, Nashville, Tennessee, for the appellee, Knestrick Contractor, Inc., and Berkley Regional Insurance Company.

          Brandon O. Gibson, J., delivered the opinion of the court, in which Arnold B. Goldin and Kenny Armstrong, JJ., joined.

          OPINION

          BRANDON O. GIBSON, JUDGE

         I. Facts & Procedural History

         This litigation involves the construction of the Centennial Sportsplex Indoor Fitness Expansion Building by the Metropolitan Government of Nashville and Davidson County and its Parks Department. In April 2013, Knestrick Contractor Inc. entered into a construction contract with Metro as general contractor for construction of the building. In conjunction with the project, Knestrick, as principal, and Berkley Regional Insurance Company, as surety, provided a payment bond for the project.

         On July 1, 2013, Knestrick entered into a subcontract with Air Comfort Heating and Cooling, LLC, to furnish the labor and equipment necessary to install the HVAC system at the project. In November 2013, Air Comfort submitted a purchase order to E Solutions for Buildings, LLC, for the necessary HVAC equipment. All of the parties subsequently attended a meeting at which some of the equipment choices were modified. Eventually, the equipment for the project was furnished by E Solutions and installed by Air Comfort. However, because the project was delayed, Metro assessed liquidated damages against Knestrick, the general contractor. Knestrick assessed liquidated damages against Air Comfort, the subcontractor, and, as a result, Air Comfort withheld final payment to E Solutions for its failure to deliver the HVAC equipment timely.

         E Solutions filed this lawsuit against Knestrick, Air Comfort, and Berkley Regional Insurance Company as surety on the bond. Air Comfort filed a counterclaim against E Solutions and a cross-claim against Knestrick and Berkley. Knestrick and Berkley filed a cross-claim against Air Comfort. All of the parties sought to recover their attorney's fees.

         After a four-day bench trial, the trial court awarded E Solutions a judgment against Air Comfort for breach of contract, although not for the full amount it requested. The trial court also found that Air Comfort was entitled to a judgment against Knestrick for breach of contract, but not for the full amount it requested. The trial court dismissed the various other claims asserted. The order stated that "determination of liability for, and the amount of, attorneys' fees, expenses and/or discretionary costs under Tenn. R. Civ. P. 54.04 to which any party is entitled to recover should await the outcome of any appeal in this case." Accordingly, the court expressly reserved any determination about attorney's fees, expenses, and discretionary costs until all appeals were concluded.

         After entry of the order, E Solutions filed a motion to alter or amend and asked the court to make a definitive award of attorney's fees. Thereafter, all of the other parties likewise filed motions asking the court to resolve the issues of discretionary costs and attorney's fees. The parties asserted that judicial economy would support resolution of these outstanding issues so that they could be addressed on appeal alongside the other issues and in order to avoid the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.