ANIL CONSTRUCTION, INC. v. PATRICK D. McCOLLUM, INDIVIDUALLY AND D/B/A/ PAT’S CUSTOM CABINETS - Articles

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Posted by: Tanja Trezise on Aug 7, 2014

Court: TN Court of Appeals

Attorneys 1:

Adam M. Nahmias, Memphis, Tennessee, for the Plaintiff/Appellant, Anil Construction, Inc.

Attorneys 2:

Jon A. York, Jackson, Tennessee, for the Defendant/Appellee, Patrick D. McCollum, Individually and d/b/a Pat’s Custom Cabinets.

Judge(s): KIRBY

This appeal involves an alleged breach of a construction contract. The plaintiff general contractor hired the defendant subcontractor to build cabinetry for a new movie theater. The work was to be completed by the time the movie theater opened. At the time of the opening, some items regarding the cabinets remained undone, and the contractor refused to pay until the work was completed. The general contractor filed this lawsuit for breach of contract for failure to complete the project in a timely manner and for defective work, and the defendant subcontractor filed a counterclaim for breach of contract for failure to pay under the contract. The trial court held in favor of the subcontractor and awarded damages. The general contractor now appeals. We vacate the trial court’s judgment and remand the matter for findings of fact and conclusions of law as required under Tennessee Rule of Civil Procedure 52.01.