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George Sanders, Individually and d/b/a SMS Contractors, Inc. v. Breath of Life Christian Church, Inc.

Citation: Not availableDocket: W2010-01801-COA-R3-CV

Court: Court of Appeals of Tennessee; January 12, 2012; Tennessee; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

This case revolves around a contract dispute involving the construction of a church building. The Church terminated its initial contract with Capstone Construction Co. due to halted work and subsequently engaged George Sanders of SMS Contractors, Inc., who then involved Bricks, Inc. as the general contractor. After dismissing Sanders, he sued the Church and Bricks, leading to a complex litigation involving claims and counterclaims of contract breaches and damages. The court found that the Church materially breached the contract by causing delays and interfering with subcontractor selections, awarding Bricks damages for unpaid construction work and profits. The Church's failure to provide adequate discovery responses led to sanctions, limiting its ability to present damage evidence. A special master was appointed to determine additional damages, resulting in awards to Sanders for subcontractor work and to Bricks for delay damages. The Church's appeal resulted in a partial affirmation and remand for further proceedings. The court's rulings on evidence admissibility, contract interpretation, and the calculation of damages were upheld, while the discretionary cost awards were affirmed. The case highlights significant issues regarding contract performance, breach, and the procedural handling of complex construction disputes.

Legal Issues Addressed

Admissibility of Evidence

Application: The court admitted unsigned pay applications as evidence based on witness testimony despite Church objections regarding authentication and best evidence rule violations.

Reasoning: The chancellor admitted the pay applications based on the testimony of Mr. Sanders and Mr. Owens, who confirmed that the applications presented to the court were those submitted to the Church.

Award of Discretionary Costs

Application: The trial court awarded discretionary costs to Bricks and SMS, considering them prevailing parties, despite the dismissal of some of their claims.

Reasoning: The chancellor did not abuse his discretion in awarding discretionary costs to SMS and Bricks.

Calculation of Contractor's Profit

Application: The court ruled Bricks was entitled to an 11% contractor's profit on additional work, as the contract specified such payment for work exceeding the agreed scope.

Reasoning: Bricks is entitled to an 11% contractor's profit on additional work related to a project, as ruled by the court.

Discovery Sanctions for Non-compliance

Application: The trial court imposed discovery sanctions on the Church for its failure to designate a representative and disclose witness testimony, resulting in the exclusion of evidence regarding damages.

Reasoning: The Church's responses to Bricks’ interrogatories were similarly problematic, with nearly all responses objected to as vague or privileged.

Material Breach of Construction Contract

Application: The court determined that the Church materially breached the construction contract by interfering with subcontractor selection, failing to fulfill contractual responsibilities, and causing project delays.

Reasoning: The trial court found that the Church materially breached the contract due to its interferences and delays but dismissed Mr. Sanders’ claims due to the absence of a contract with the Church.

Referral to Special Master for Damage Calculation

Application: The court referred damage calculations to a special master due to extensive discovery disputes and complex financial assessments related to the construction project.

Reasoning: The chancellor noted that Bricks had not received its 11% commission on additional work or materials beyond the original contract value.