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Commercial Law Keyed to Whaley
Audio Visual Artistry v. Tanzer
Citation:
403 S.W.3d 789 (Tenn. Ct. App. 2012)Facts
In March 2004, Mr. Tanzer contracted with AVA for the sale and installation of a electronic and entertainment equipment in Mr. Tanzer’s new home which was being constructed at the time. The parties agreed to a contract of parts and labor at a price of $78,567.13. The contract anticipated that the scope of work may change and that AVA may be required to perform additional work. Due to series of unforeseen circumstances, AVA had to make changes to the original plan which involved additional work, including installing an Escient music system as opposed to the planned Concierge music system, among other changes. The project began extended into 2007, in part due to a couple of major incidents: Mr. Tanzer’s basement flooded in July 2006 and the home was struck by lightning in July 2007. In August 2007, Mr. Tanzer fired AVA and requested a final billing for the project. AVA gave Mr. Tanzer an invoice with a total project cost of $119,402.15, reflecting an outstanding balance of $43,824.55. Mr. Tanzer disputed the balance, resulting in the instant lawsuit. In 2008, Mr. Tanzer hired a different home entertainment company called Marquis Home Solutions (“Marquis”) to make repairs and finish the project to his satisfaction. The trial court determined that the transaction was for the sale of goods and that Article 2 of the UCC was applicable.
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