Gonzalez v. Barrenechea, 2015 WL 249254 (Fla. 3d DCA Jan. 21, 2015)

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Homeowner sued his architect for a faulty design of the air conditioning system that Owner contended made the home unsuitable for living.  The trial court found in favor of Owner and awarded damages for redesigning and replacing the air conditioning system, but disallowed loss of use damages.  While the Owner had expert testimony concerning the fair rental value of the residence, the expert admitted on cross examination that he was unaware of the Owner’s limited use of the residence during the period of the loss of use.  The District Court reversed on the grounds that, “once the homeowner had established his prima facie case of loss of use damages, the burden of proof shifted to [the defendants] to establish any set off.”

From the Construction Regulation Subcommittee Monthly Report

Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
407 N. Howard Avenue
Suite 100
Tampa, FL 33606
www.trentcotney.com

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