Legal Question in Construction Law in Florida

Breech of contract?

I signed a construction agreement in early November for a storage building to be constructed on my property. The conrtact states that the work shall be substantially completed within 21 days from the day the builder digs the footings. The footings and slab were completed in late November followed by the framing, but soon after, all consturction stopped. My spouse and I made counteless phone calls to find out when the project would be done and can get no answers. The roof was installed Jan. 18, but the project still needs significant work before it will be completed. Would this be considered breech of contact since we are significantly over 21 days? What actions can I take against the builder?


Asked on 1/25/08, 8:54 am

1 Answer from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: Breech of contract?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

RESPONSE: According to the supreme court case of Grossman Holdings Ltd. v. Hourihan 414 So.2d 1037, *1039 (Fla.,1982) an owner's measure of damages is as follows:

(1) For a breach by one who has contracted to construct a specified product, the other party can get judgment for compensatory damages for all unavoidable harm that the builder had reason to foresee when the contract was made, less such part of the contract price as has not been paid and is not still payable, determined as follows:

(a) For defective or unfinished construction he can get judgment for either

(i) the reasonable cost of construction and completion in accordance with the contract, if this is possible and does not involve unreasonable economic waste; or

(ii) the difference between the value that the product contracted for would have had and the value of the performance that has been received by the plaintiff, if construction and completion in accordance with the contract would involve unreasonable economic waste.

The comment on subsection 346(1)(a) states:

The purpose of money damages is to put the injured party in as good a position as that in which full performance would have put him; but this does not mean that he is to be put in the same specific physical position. Satisfaction for his harm is made either by giving him a sum of money sufficient to produce the physical product contracted for or by giving him the exchange value that that product would have had if it had been constructed.

Good Luck,

Randall Gilbert

www.theconstructionlawyers.com

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Answered on 1/25/08, 9:01 am


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