Date
October 28, 2026
Added to tracker
October 29, 2026
Court or forum
Court of Appeals of Tennessee
State
Tennessee
Presiding judge
Jeffrey Usman
Property type
Senior Living
Amount / scale
$8.36M combined jury verdict, including $3.9M in punitive damages, affirmed
Parties
Plaintiff-Appellee: Commercial Painting Company, Inc.Defendant-Appellant: The Weitz Company, LLCDefendant-Appellant: Federal Insurance CompanyDefendant-Appellant: St. Paul Fire & Marine Insurance CompanyDefendant-Appellee: Liberty Mutual Insurance Company

Tennessee's Court of Appeals upheld $3.9 million in punitive damages against general contractor Weitz for concealing a schedule extension from its drywall subcontractor, rejecting Weitz's damages-waiver defense.

The Tennessee Court of Appeals affirmed on October 28, 2026 a trial court judgment of $8,359,863.83, including $3.9 million in punitive damages, against general contractor The Weitz Company, LLC in a fraud suit brought by its drywall subcontractor, Commercial Painting Company, Inc., over a Shelby County retirement-community project. The court rejected Weitz's argument that the parties' contractual waiver of consequential damages barred the jury's punitive award for intentional misrepresentation, in the fifth appeal of this litigation to reach the court.

Why it matters

The ruling confirms that a standard contractual waiver of consequential or punitive damages will not automatically shield a general contractor from punitive exposure arising out of an independent tort claim like fraud, even when that claim arises from the same construction relationship the contract governs. Contractors and subcontractors should not assume generic damages-waiver language extends to intentional misconduct absent language expressly addressing it.

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More than two decades after a retirement-community construction project went sideways in Shelby County, Tennessee, the Tennessee Court of Appeals has affirmed a trial court judgment that includes $3.9 million in punitive damages against general contractor The Weitz Company, LLC, rejecting Weitz's argument that a contractual waiver of consequential damages barred the punitive award for its subcontractor's fraud claim.

Case timeline · 3 entries Latest: October 28, 2026 — Court of Appeals affirms the judgment, holding the contractual damages waiver does not bar the punitive award

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