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Posted by: Chandra Williams on Aug 25, 2015

Court: TN Court of Appeals

Attorneys 1:

Herbert H. Slatery, III, Attorney General and Reporter; William E. Young, Solicitor General; and Melissa Brodhag, Senior Counsel; for the appellant, State of Tennessee.

Attorneys 2:

Gregory L. Cashion and Craig N. Mangum, Nashville, Tennessee, for the appellee, RCR Building Corporation.

Judge(s): BENNETT

This appeal concerns the construction of a welcome center along I-65 North in Ardmore, Tennessee. The State entered into an agreement with a contractor to construct the welcome center and the adjacent roadways and parking lots. As construction progressed, the contractor submitted requests for several changes to the scope of the project, which were denied; the State also denied several pay requests for work the contractor or its subcontractors had already completed. The contractor filed suit against the State alleging nine separate claims for damages. The Claims Commission ruled in favor of the contractor on all claims. The State appeals four of the claims, asserting that the Commission erred in awarding damages. Concluding that the evidence does not preponderate against the Commission’s findings of fact, we affirm the Commissioner in all respects.