E SOLUTIONS FOR BUILDINGS, LLC v. KNESTRICK CONTRACTOR, INC., ET AL. - Articles

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Posted by: Landry Butler on Apr 17, 2018

Court: TN Court of Appeals

Attorneys 1:

Paul Toby Housch, Nashville, Tennessee, for the appellant, Air Comfort Heating and Cooling, LLC.

Attorneys 2:

Timothy Howland Nichols, Nashville, Tennessee, for the appellee, E Solutions for Buildings, LLC.

Adam Grant LaFevor and Amy Wood Malone, Nashville, Tennessee, for the appellee, Knestrick Contractor, Inc., and Berkley Regional Insurance Company.

Judge(s): GIBSON

This appeal involves a construction contract dispute among a general contractor, a subcontractor, and the subcontractor’s equipment supplier regarding liability for construction project delays. After a four-day bench trial, the trial court resolved most of the substantive issues among the parties and ultimately determined that the prevailing parties were entitled to awards of attorney’s fees pursuant to various contractual provisions. However, the trial court did not make the awards of attorney’s fees at that time because the parties had not submitted sworn itemizations of services rendered. As a result, the trial court directed the parties to renew their requests for attorney’s fees after any appeals were exhausted. The requests for attorney’s fees were granted in part and denied in part “without prejudice.” Due to the outstanding unresolved issues regarding the attorney’s fee awards, we conclude that the appeal must be dismissed.