September 29, 2010

Court Reviews Summary Judgment Ruling in a Case Between a Home Purchaser and a Licensed Contractor

NATALIE HAGAN v. MICHAEL PHIPPS ET AL. (Tenn. Ct. App. September 29, 2010)

This appeal involves claims by a home purchaser against a licensed contractor and a business associate of the unlicensed builder who built the home in question and sold it to the plaintiff. The trial court granted the contractor defendant's motion for summary judgment on all claims against him based upon its conclusions that the unlicensed builder was not the agent of the licensed contractor and that there was no predicate tort for civil conspiracy because the builder intended to use the house for his personal residence. Because we find that there are issues of material fact that must be resolved, we reverse the trial court's grant of summary judgment.

Opinion may be found at: