JAMES G. AKERS v. SESSIONS PAVING COMPANY ET AL. - Articles

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Posted by: Tanja Trezise on Aug 14, 2013

Court: TN Court of Appeals

Attorneys 1:

James G. Akers, Brentwood, Tennessee, Pro Se.

Attorneys 2:

David K. Taylor and Max Smith, Nashville, Tennessee, for the appellees, Sessions Paving Company and Great American Insurance Co.

Judge(s): CLEMENT

This action arises out of the alleged breach of a construction subcontract due to the general contractor’s failure to pay for work performed by the subcontractor. At issue in this appeal are the plaintiff’s two claims against the general contractor and the insurer that provided the performance and payment bond. One claim is for breach of the subcontract; the other is for violation of the Prompt Pay Act, Tennessee Code Annotated §§ 66-34-101 through -703. The trial court granted the defendants’ motion for summary judgment finding that both claims were time-barred by Tennessee Code Annotated § 28-3-109(a)(3), the six-year statute of limitations for breach of contract. We affirm.

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