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News - Friday, December 25, 2009

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Johnson, Hickey and Murchison managing partner talks business
Some people have always known what they wanted to spend their lives doing; others fall into their professions by chance. For Jeff Durham, managing partner of Johnson, Hickey and Murchison, his fate was definitely decided by the latter.
“I took a course in college, Introduction to Business, and wrote a paper on the accounting profession,” Durham says. “And they said, ‘You know, there (are) lots of jobs out there.’ And I said, ‘Well, that was what I wanted to do.’”

Picker’s Exchange home to a different kind of guitar hero
The Picker’s Exchange on Brainerd Avenue might look like a mom and pop operation, but don’t let the shabby carpet and rickety back door fool you: the store is precisely what owner Chris Stephens wants it to be.
From the well-worn couch that sits alongside the wall of electric guitars, to the chaotic mountain of amps that cuts through the center of the store, to Margaret, his boxer, nothing happened by accident.

Read all about it...
Media says economy affecting home Christmas light displays
Just a few days ago, I was riding on a shuttle bus to an event with a number of media folks from around the state. We were all involved in journalism either in newspapers, TV, radio or freelance writers and joined together on this mode of transportation for this one night to enjoy a holiday get together. It was a cold and dark December night, which is how most writers start a suspenseful story - or at least Snoopy does - but the night was typical for December and it did lend itself for a good night to see Christmas lights as we drove through some of Nashville’s neighborhoods.

Case Digests - Tennessee court of appeals syllabus
Forrest Construction Company, LLC v. James L. Laughlin II, et al v. Thomas B. Naive
Williamson County - This action involves a variety of claims arising from the construction of a residence in Williamson County. A homeowner, James Laughlin, entered into a cost plus contract with Forrest Construction Company, LLC to construct a home for he and his wife. Prior to the home being completed, Forrest Construction stopped work, filed a lien on the residence, and thereafter filed a breach of contract action against Mr. Laughlin and an action to recover damages based on the doctrine of quantum meruit against Mrs. Laughlin. Forrest Construction claimed that Mr. Laughlin was in breach of the contract for failure to pay according to the contract. Mr. and Mrs. Laughlin filed a counter-claim for negligent construction, gross negligence, negligence per se, breach of contract and violations of the Tennessee Consumer Protection Act. The trial court found that Mr. Laughlin had materially breached the contract by failing to pay according to the terms of the contract, and awarded damages to Forrest Construction. Conversely, the trial court found for the Laughlins on their claim of negligent construction and awarded damages against Forrest Construction. Both parties appeal. Forrest Construction contends that the trial court erred in holding it liable for alleged defects because Mr. Laughlin committed the first material breach and failed to give Forrest Construction notice and the opportunity to cure the alleged defects. Mr. Laughlin contends the trial court erred in finding that he committed the first material breach. The Laughlins also contend the trial court erred in reducing the cost of the repairs to their residence and in failing to pierce the corporate veil. We find that Forrest Construction was the first to materially breach the contract by submitting requests for draws that were not properly supported by records of its costs and expenses as required by the contract, including submitting draws which erroneously included charges for work done on its other projects, and by failing to complete construction of the home. We, therefore, reverse the trial court’s determination that Mr. Laughlin committed the first material breach and hold that Forrest Construction was the first to materially breach the contract. We affirm the trial court’s determination that the Laughlins were excused from the duty to give notice of the alleged defects and an opportunity to cure; thus, the Laughlins are entitled to recover damages due to the negligent construction by Forrest. As for the trial court’s substantial reduction of the damages requested by the Laughlins for the cost to repair the yet unrepaired defects to their home, we are unable to determine whether the trial court considered or overlooked $55,000 of the estimated cost to repair the defects; therefore, we remand this issue to afford the trial court the opportunity to either restate its previous ruling or to increase the award of damages, if it so determines, based on the evidence presently in the record. As for the issue of piercing the corporate veil, we remand that issue for further proceedings.

Are We There Yet?
Long ago and far away
I was in the desert on August 16, 1977, in the oasis known as Vegas. That was the day the music really died, way back east in the Mississippi Delta, in a town much closer to my home, when the heart of the King of Rock and Roll stopped beating. After that day, towns like Vegas and Memphis, or anywhere people like to shimmy and shake, would never be quite the same.

I Swear...
“Easy as pie” takes on new meaning
His name is Cameron Ward.
He was born in Montreal in 1957, graduated from the University of Waterloo in 1979, and received his law degree in 1983 from the University of Ottawa. He was admitted to the Bar of British Columbia in 1984, practiced with major Vancouver firms for nine years and then founded his own firm in 1993.

Weekly Indulgence
My husband Joe and I began planning our move to Chattanooga around last December, and I have been waiting for Earth Fare to open for almost as long. Seriously. Well, my days of waiting are over, as Earth Fare opened December 9.
Through its Web site, the Earth Fare company offers everyone the opportunity to get healthy. The My Health Journey program is an excellent opportunity for those who have been teetering on bettering their diets, but are just overwhelmed with all the information out there.

Aerial photographers offering elevated perspective of Chattanooga
In most cases, a photograph is the work of an individual. Ansel Adams, Anne Geddes and Annie Leibovitz labored alone, conceptualizing an image, composing the shot, adjusting the lighting and pressing the shutter button. Like a painting, a photograph is almost always the consummation of one person’s efforts.

Eco-Clean: green option for commercial, residential flooring
Eco-Clean, a green, organic and environmentally friendly company offering hard surface and carpet restoration, opened shop in February 2009. Since then, the hard work and “beating the streets” by owner and creator, Joe Stafford, has paid off and the company is looking to hire another employee in the coming weeks.

Agent reflects on career, being a second-generation seller
Chattanooga Real Estate Executives, Realtor Frankie Bass, has been selling and listing properties since 1980.
“That’s when we used to have to pick up keys,” Bass said with a chuckle. “Now I am in the business of selling, like to the children of the people that I sold to – second generation.”

Across Hamilton County, Bell builds neighborhoods, reputation
Jay Bell of Bell Development in Chattanooga says building a subdivision or house is easy. It’s harder, he says, to build a reputation.
Bell should know: He and his father, Julian, have spent the better part of the last 30 years doing both.
When it comes to building, the Bells have used their time in the residential development business well, constructing 16 neighborhoods in the Hamilton County area comprised of over 2,100 home sites. They built houses on over 850 of those sites themselves.

Real Estate Facts
When a homeowner faces default on their mortgage, there may be two options: foreclosure or short sale. Foreclosure can be devastating, both emotionally and financially. A short sale, or one in which the lender accepts a selling price less than the amount owed, is a better option for both the lender and the homeowner.

Kay’s Cooking Corner
Well, it just wouldn’t be proper of me to not have a few game day recipes for all of you Liberty Bowl tailgaters, seeing that the Hogs are going to this showdown, and Don being an ex-hog and all. It is only fitting that I recognize this mighty event with a few good tailgating recipes!

The Critic's Corner
Disney means different things to different people. To me, the name stirs up memories of seeing “Bedknobs and Broomsticks” on a Saturday afternoon and watching “The Wonderful World of Disney” on television on Sunday nights.
To my children, the Disney name is tied to the remarkable run the company had in the late ‘80s and early ‘90s, when it produced moves like “The Little Mermaid” and “The Lion King.”