Matt Wayne successfully lobbied the court to dismiss of multiple claims asserted against his client in Rutherford County, Tennessee. In response to the plaintiff alleged numerous causes of action—including negligence, violation of the Tennessee Consumer Protection Act, and contracting without a license—arising out of a residential remediation and reconstruction project, Matt aggressively fought these allegations arguing that, as plead, no legal cause of action existed. Following briefing and oral arguments in Murfreesboro, the Court agreed Matt and granted his client motion to dismiss in substantial part, finding that no private cause of action exists under Tennessee’s contractor licensing statutes, and the negligence and Plaintiff claims were untimely and thus barred by applicable limitation periods. The Court also awarded his client attorney’s fees and court costs.

This result underscores the importance of well-drafted contractual provisions and timely enforcement of limitation and notice clauses in construction and restoration disputes.