Florida Construction Law

Felman v. Villa Regina Association, Inc., 37 Fla. L. Weekly D1065a, Case No. 3D10-1328, filed May 2, 2012: In a case for damages caused by water intrusion, owner sought permanent damages only for “diminution of value.” Based on jury’s findings that damages were only temporary, and that no admissible evidence was introduced regarding damages for repairs, judgment was reversed. (from RPPTL Subcommittee). Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

In Heine v. Parent Construction, Inc. , 2009 WL 763534 (Fla. 4th DCA 2009), the Court held that a homeowner was entitled to damages in the form of diminution in the value of the property due to construction defects rather than the cost to repair the defects.  The defects consisted of improper elevation and potential exposure to flood damage.  The cost to repair would have required rebuilding the house and would have resulted in economic waste meaning that rebuilding the home would have been exorbitantly expensive given the error.  Accordingly, the Court held that the homeowner was entitled to the difference between the house if it had been built correctly and the house as-built. Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com