Florida Construction Law

A contractor can obtain delay damages against an owner for owner-caused delays on a project provided that there is not a contractual provision that prevents the contractor from obtaining delay damages such as a "no damages for delay" clause. 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

In the event of improper termination from the owner, the contractor is entitled to lost profit on the work unperformed and for the cost of the labor, materials and services provided for the project prior to termination. 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

Breach of contract damages in the construction context should be calculated from the date of the breach.  Peach State Roofing, Inc. v. 2224 South Trail Corp. , 2008 WL 2150947 (Fla. 2d DCA 2008). 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

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