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IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE
Assigned on Briefs March 8, 2012 BROOKE BUTTREY v. HOLLOWAY'S, INC., ET AL.
Appeal from the Circuit Court for Maury County No. 11017 Jim T. Hamilton, Judge

No. M2011-01335-COA-R3-CV - Filed December 12, 2012

A homeowner sued builders for the defective construction of a house, alleging breach of contract, intentional misrepresentations, and violations of the Tennessee Consumer Protection Act. The trial court dismissed the Tennessee Consumer Protection Act claims, but found the builders liable for intentional misrepresentations and breach of the contract by failing to build the house in a workmanlike manner. The trial court awarded the homeowner the full amount she paid to have the house built as well as her attorney's fees. The builders appealed, claiming the evidence did not support the amount of damages awarded, the evidence did not support the court's finding of intentional misrepresentation, and the homeowner was not entitled to attorney's fees. We modify the damages awarded to the homeowner to conform to the evidence presented. We reverse the court's award of attorney's fees, and we reverse the court's finding that the builders intentionally misrepresented material facts. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Modified in Part and Reversed in Part P ATRICIA J. C OTTRELL, P.J., M.S., delivered the opinion of the Court, in which F RANK G. C LEMENT, J R. and A NDY D. B ENNETT, JJ., joined. Jason Mitchell Chaffin and Nathaniel Mills Colburn, Nashville, Tennessee, for the appellants, Holloway's, Inc., Rick Holloway, and Jennifer Holloway. Stacy S. Neisler, Spring Hill, Tennessee, for the appellee, Brooke Buttrey.

OPINION I. B ACKGROUND Brooke Buttrey and her then-husband Trey Buttrey entered into a contract with Holloway's, Inc. on June 12, 2003, in which Holloway's agreed to build a house for the Buttreys for the price of $141,600.1 Rick Holloway and Jennifer Holloway, the president and vice president of Holloway's, signed the contract on behalf of Holloway's (all defendants will be referred to collectively as the "Holloways"). In the contract the Holloways agreed to construct the house "in a workman-like manner and in compliance with all building codes and other applicable laws." The contract included a one-year warranty from the date the house was completed. Ms. Buttrey testified that she and her family moved into the house in December 2003 and immediately began noticing problems with the house. Ms. Buttrey compiled a list of problems she claims she notified the Holloways of beginning in December 2003. She testified that she informed the Holloways of all the problems in the house within the one-year warranty period set forth in the contract. The items on Ms. Buttrey's list include, but are not limited to, the following: loose exterior siding; damage to the outside brick where a bulldozer hit the house during construction; lack of any access to the attic; a front door that would not open all the way because the indoor stairs were built too close to the door; mismatching toilet and sink; improper grading of the house, causing water to collect underneath the house in the crawl space; improperly built stairs and railings; doors that would not close because they were hung out of square; cracking of tiles in the kitchen where backing board was not used; and leaks in the plumbing located behind the walls. Ms. Buttrey testified that the Holloways refused to address any but the most minor of the problems she complained about, claiming she was being "too picky." Ms. Buttrey filed a complaint against the Holloways in October 2004 alleging breach of contract and breach of an express warranty, breach of the implied warranty of good workmanship and materials, fraud, misrepresentation, and violation of the Tennessee Consumer Protection Act, codified at Tenn. Code Ann.

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