APAC-ATLANTIC, INC., HARRISON CONSTRUCTION DIVISION v. STATE OF TENNESSEE - Articles

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Posted by: Brittany Sims on Oct 31, 2013

Court: TN Court of Appeals

Attorneys 1:

Michael D. Newton, Chattanooga, Tennessee, and M. Craig Hall, Pro Hac Vice, Atlanta, Georgia, for the appellant, APAC-Atlantic, Inc., Harrison Construction Division.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; William E. Young, Solicitor General; and Melissa A. Brodhag, Assistant Attorney General, Nashville, Tennessee, for the appellee, State of Tennessee.

Judge(s): FRIERSON

This is a breach of contract claim brought by the appellant road paving contractor, APAC- Atlantic, Inc., Harrison Construction Division (“APAC”), after the defendant, the Tennessee Department of Transportation (“TDOT”), refused payment of $221,998.36 pursuant to a special “rideability,” or smoothness, provision of the parties’ written contract. The Claims Commission, William O. Shults, Commissioner, finding the special provision language to be unambiguous, denied the claim. APAC appeals. Discerning no error, we affirm.