Court grants default on damages in Aaron Asphalt v. Alba Construction; plaintiff seeks liquidated damages under Prompt Pay Act

Aaron Asphalt’s counsel asked the Chancery Court to award damages and sanctions under Tennessee’s Prompt Pay Act after defendants in the underlying construction dispute failed to appear for a show-cause hearing.

Tiffany Oliver, counsel for Aaron Asphalt, told the court the defendants had not shown they placed the disputed funds “in an interest-bearing account,” and sought liquidated damages of $300 per day for each day the funds were not placed in such an account. Counsel also set out a damages total described in filings as about $168,000 plus 1.5% interest per month under the statutory framework.

Because no responsive pleading had been filed and the defendants did not appear to show cause, Judge David D. Wolfe granted the plaintiff’s request for relief on the record before the court. The judge’s ruling resolved the remaining damages question in favor of the plaintiff based on the established default posture.

The court record reflects the damages calculation and interest allegations in the plaintiff’s filings; the court’s ruling was made in defendants’ absence and applies to the current docketed matter. Any final computation or post-judgment interest mechanics will rely on the court’s entry and the underlying filings.