Patel Statement of Undisputed Facts.docx - IN TI-\u0152 CHANCERY COURT FOR COUNTYB TENNESSEE DEFENDANTS SHAILESH PATEL AND SACHCHIDANAND LODGING LLC'S

Patel Statement of Undisputed Facts.docx - IN TI-u0152...

This preview shows page 1 - 4 out of 9 pages.

IN TI-Œ CHANCERY COURT FOR COUNTYB TENNESSEEDEFENDANTS SHAILESH PATEL AND SACHCHIDANAND LODGING LLC'SSTATEMENT OF UNDISPUTED FACTSDefendants Shailesh Patel ("Patel") and Sachchidanand Lodging, LLC ("SL, LLC")(collectively the "Defendants"), by and through counsel and pursuant to Tennessee Rule of Civil56.03, respectfully submit this Statement of Undisputed Facts in support of their •Motion forSummary Judgment against Plaintiff Thomas Builders, Inc. ("Plaintiff'). The Defendants submitfor the purpose of summary judgment that the following facts are undisputed:1.Patel is the Chief Manager of of Sachchidanand Lodging, LLC ("SL, LLC").(Exhibit 1, 2) 1 .2.Patel was involved, as the Chief representative for SL, LLC, in nearly all contract negotiationsrelated to the development and construction of the Hampton Inn & Suites located at the corner ofHenley Street and Main in downtown Knoxville, Temessee (the "Project") and in dealing with allentities with whom potential work on the Project was discussed. (ExhibitK MPS 195051 v2 0-0 12/15/2006
Exhibit 1 is the sworn affidavit of Defendant Shailesh Patel, Chief Manager for Defendant Sachchidanand Lodging, LLC.3.Initial preparation and planning for the Project began in 2001. (Exhibit 1, 7).4.Nothing was done by Thomas Builders, Inc. that was not done by several other contractors whosought to work on the Project and with whom a contract was never entered. (Exhibit 1, 11).5.A request for proposal was sent to Thomas Builders, Inc. on or about March 28, 2003. 1, 12).6.Plaintiff. submitted a proposal in response to the request on or about April 14, 2003. (Exhibit 13).7.The Project architect made some comments about Plaintiffs initial proposal and it was sent backto Plaintiff. (Exhibit 1, 14).8.Thomas Builders, Inc. submitted another document entitled "Proposal" on or about April 21,2003, a true and accurate copy of which is attached to the Complaint as Exhibit (the"Proposal"). (Exhibit 1, ¶ 14).9. The Proposal contemplated that a six story hotel would be consfructed on lot 618 Mainand that a parking garage would be built on the adjacent lot 608 Main. (Exhibit 1, 15).10.The Proposal was intended to only relate to the potential building of the hotel, not the adjacentparking garage. (Exhibit 1, 15).11.Patel did not view the Proposal as being a proposed contract between the parties. (Exhibit 1, 16).12.Patel did not believe that the Proposal contained the essential terms necessary forThomas Builders, Inc. to construct the Project. (Exhibit 1, Il 16).13.Patel did not believe that the Proposal contained the essential terms necessary for SL, LLC to beable to hire Thomas Builders, Inc. as the general contractor for the Project. (Exhibit 1, 16).2K MPS 195051 v20-0 12/15/2006
14. Patel did not believe that the Proposal contained the essential terms necessary for SL,LLC to be able to get bank approval of Thomas Builders, Inc. as a potential general confractor.

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture