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Posted by: Tanja Trezise on Jul 1, 2014

Court: TN Court of Appeals

Attorneys 1:

Larry L. Crain, Brentwood, Tennessee, for the appellant, National Door & Hardware, Inc.

Attorneys 2:

Jarrod W. Stone and J. Thomas Martin, Nashville, Tennessee, for the appellee, Hassan Mirsaidi d/b/a Mirsaidi Construction.

Judge(s): CLEMENT

A subcontractor filed this breach of contract action to recover damages against a general contractor for two types of damages: work performed but unpaid and damages resulting from delays caused by the general contractor. The plaintiff alleged the general contractor breached the contract by failing to make the appropriate progress payments and otherwise withholding payments without cause. It further alleged that the general contractor failed to properly supervise the project and failed to maintain proper working conditions on the job site which caused the construction to drag on for nine months beyond the agreed-upon completion date. While suit was pending, the general contractor was terminated by the owner and a different contractor was hired to complete the project; the new contractor hired the plaintiff to complete the job. The plaintiff completed its work for which it was paid more than the balance owing on the subcontract. Following a bench trial, the court found the former general contractor had breached the subcontract but the plaintiff had failed to prove damages flowing from these breaches. The trial court specifically determined that the subcontractor recouped its damages for work performed but unpaid through the completion subcontract, and that it did not prove damages flowing from the delay of construction. The plaintiff appeals. Having determined that the evidence does not preponderate against the trial court’s findings, we affirm the trial court in all respects.