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

Court reviews whether municipal planning commisision has statutory authority to approve site development plans

ROB ROTEN AND JERROLD SWAFFORD v. THE CITY OF SPRING HILL, TENNESSEE, ACTING BY AND THROUGH ITS PLANNING COMMISSION, AND IS INVESTMENT, INC. (Tenn. Ct. App. August 27, 2009)

Residents of the City of Spring Hill brought common law writ of certiorari challenging the City Planning Commission's authority to approve site development plans for proposed construction within the City. The Chancery Court upheld the action of the Planning Commission. Finding no error, we affirm the judgment.

Opinion may be found at the TBA website:
http://www.tba2.org/tba_files/TCA/2009/rotenr_082709.pdf