August 31, 2009

Contractor in breach of contract for failure to complete work in "workmanlike" fashion; homeowner not in breach for failure to pay

DARREN REINICHE D/B/A REINICHE CONSTRUCTION v. JIMMIE R. McCOUN, ET AL. (Tenn. Ct. App. August 31, 2009)

Darren Reiniche d/b/a Reiniche Construction ("Contractor") was hired as a general contractor to build a new house for Jimmie R. McCoun ("Homeowner"). After numerous problems with the construction of the house developed, Homeowner refused to make the final payment of $21,085.30, prompting Contractor to file suit. Homeowner filed a counterclaim seeking damages for what he alleged were numerous structural and aesthetic defects with the house as built. Following a bench trial, the Trial Court determined that Contractor had breached his contract with Homeowner to construct the house in a workmanlike manner. The Trial Court dismissed Contractor's claim, and awarded Homeowner $100,000 in damages. Contractor appeals raising various issues. We affirm.

Opinion may be found at the TBA website:
http://www.tba2.org/tba_files/TCA/2009/reiniched_083109.pdf