[DOWNLOAD] "Abraham v. T. Henry Construction" by Eastern Section Court of Appeals of Tennessee # eBook PDF Kindle ePub Free

July 14, 2021

eBook details

Title: Abraham v. T. Henry Construction
Author : Eastern Section Court of Appeals of Tennessee
Release Date : January 02, 2009
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 64 KB

Description

Plaintiffs own a house that was built for them by several contractors and subcontractors, including defendants. After the house was finished, plaintiffs discovered damage to the property allegedly caused by water leakage. Sometime after that discovery, but more than eight years after the construction was substantially complete, plaintiffs brought this action against defendants, alleging breach of contract and negligence due to construction defects. Defendants moved for summary judgment on both claims, arguing that the contract claims were filed after the six-year statute of limitations had run and that the negligence claims were barred because one party to a contract cannot bring a tort action against the other party unless that action arises from the breach of some standard of care that is independent of the terms of the contract. The court granted defendants motions. We hold that the contract claims were barred by the statute of limitations, but that the tort claims survive summary judgment because they are based on the alleged violation of a regulatory standard that is independent of the contract. We therefore affirm in part and reverse in part.