John Allen Construction, LLC v. Jerome Hancock, Sandra Hancock, and Carroll Bank and Trust

Case Number
W2004-02920-COA-R3-CV

This is a construction case. The defendant homeowners entered into an oral contract with the plaintiff contractor to construct a house for the defendants. After the contractor had substantially completed construction of the house, the homeowners discharged the contractor. The contractor then filed suit for unpaid costs and fees. The defendant homeowners counter-sued, alleging breach of the original contract. After a trial, the trial court entered a final order granting a monetary award to the contractor for his unpaid fees, minus several credits awarded to the defendant homeowners. The record does not include any factual findings or legal conclusions detailing the basis for the award.  The defendant homeowners appeal, asserting that the trial court erred in admitting the testimony of an expert witness and in its calculation of the award to the contractor. We affirm the trial court’s admission of the expert testimony, but vacate the judgment and remand to the trial court for factual findings and legal conclusions in order to resolve the remaining issues on appeal.

Authoring Judge
Judge Holly M. Kirby
Originating Judge
Chancellor Ron E. Harmon
Case Name
John Allen Construction, LLC v. Jerome Hancock, Sandra Hancock, and Carroll Bank and Trust
Date Filed
Dissent or Concur
No
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