M & M ELECTRICAL CONTRACTOR, INC. v. CUMBERLAND ELECTRIC MEMBERSHIP CORPORATION - Articles

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Posted by: Landry Butler on Nov 7, 2016

Court: TN Court of Appeals

Attorneys 1:

David Key Taylor and Bridget Brodbeck Parkes, Nashville, Tennessee, for the appellant, M & M Electrical Contractor, Inc.

Attorneys 2:

Roger Alan Maness, Clarksville, Tennessee, for the appellee, Cumberland Electric Membership Corporation.

Judge(s): GIBSON

This appeal involves the termination of a contract between an electric power distributor and an independent contractor. After a bench trial, the trial court concluded that the electric power distributor was justified in terminating the contract because the independent contractor materially breached the contract by violating a safety policy and an oral directive from the power distributor. The independent contractor appeals, claiming that the evidence did not support a finding that it violated the safety policy or directive, that such a violation, even if it did occur, did not constitute a material breach of the contract, and that the power distributor was required to give notice and an opportunity to cure any default prior to terminating the contract. We affirm.