CECIL MCNATT, ET AL. v. JANE VESTAL (KANIZAR); HENDERSON VILLA INC. v. CECIL MCNATT, ET AL. - Articles

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Posted by: Amelia Ferrell Knisely on Feb 18, 2016

Court: TN Court of Appeals

Attorneys 1:

Clinton H. Scott, Jackson, Tennessee and J. Brandon McWherter, Franklin, Tennessee, for the appellants, Jane Vestal (Kanizar) and Henderson Villa, Inc..

Attorneys 2:

Charles H. Barnett, III and Sara E. Barnett, Jackson, Tennessee, for the appellees, Cecil 1 McNatt and Marcia McNatt.

Judge(s): ARMSTRONG

This is a construction case. Appellee, Cecil McNatt, contracted to build and obtain the required licensing for an assisted living facility for Appellant Jane Vestal. The facility was constructed and licensed according to the parties? contract. Following completion, Appellant refused to pay the balance of the contract amount, citing the Appellee?s lack of a contractor?s license and numerous construction defects. Appellee filed suit against Appellant for breach of contract, and Appellant counterclaimed for violations of the Contractors Licensing Act and Tennessee Consumer Protection Act. The trial court concluded that Appellee did not violate the Contractors Licensing Act or the Tennessee Consumer Protection Act, dismissed Appellants? counterclaims, and awarded Appellees a judgment in the amount of $96,280.11. We conclude that trial court erred in concluding that the Appellee did not violate the Contractors Licensing Act, but we affirm the judgment to Appellee, with some modification of the amount awarded.