Coutinho Construction, Inc. v. Graph Development, Inc.

District Court of Appeal of Florida

Coutinho Construction, Inc. v. Graph Development, Inc.

529 So. 2d 1270, 13 Fla. L. Weekly 1983, 1988 Fla. App. LEXIS 3732

CourtDistrict Court of Appeal of Florida

DecidedAugust 24, 1988

DocketNo. 87-1977

StatusPublished

This text of 529 So. 2d 1270 (Coutinho Construction, Inc. v. Graph Development, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Coutinho Construction, Inc. v. Graph Development, Inc., 529 So. 2d 1270, 13 Fla. L. Weekly 1983, 1988 Fla. App. LEXIS 3732 (Fla. Ct. App. 1988).

Pincite

Opinion

LETTS, Judge.

This bench trial involved a general contractor and a subcontractor as adversaries. We hold that the measure of damages was improper because it was based on a percentage of completion.

The subcontractor was awarded $27,-000.00 predicated on proof of percentage of completion. We recently held that “percentage of completion is not the proper method to prove damages for the breach of a construction contract.” Brooks v. Holsombach, 525 So.2d 910 (Fla. 4th DCA 1988).

Accordingly, we reverse and remand for a new trial on this issue. We affirm the trial court on the matter of the counterclaim.

REVERSED AND REMANDED.

DOWNEY and STONE, JJ., concur.

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