Madden Phillips Construction, Inc. v. GGAT Development Corporation

This appeal arises out of a dispute between a contractor and landowner over the parties’ duties under a construction contract. Plaintiff/Appellee Madden Phillips Construction, Inc. (“Madden Phillips”) filed suit to enforce a mechanics’ and materialmen’s lien and to recover damages in breach of contract against Defendant/Appellant GGAT Development Corporation (“GGAT”).1 Madden Phillips’ complaint included a claim for damages and attorney’s fees pursuant to Tennessee Code Annotated sections 66-34-101 to -703, also known as the Prompt Pay Act of 1991 (“Prompt Pay Act”). GGAT counterclaimed and asserted, inter alia, that Madden Phillips failed to perform its contractual obligations in a “workmanlike and expeditious fashion to coincide with the completion schedule of [GGAT].”