Home/District Court of Appeal of Florida/Coutinho Construction, Inc. v. Graph Development, Inc.

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

529 So. 2d 1270, 13 Fla. L. Weekly 1983, 1988 Fla. App. LEXIS 3732
District Court of Appeal of Florida·Decided August 24, 1988·No. No. 87-1977·Published

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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).

529 So. 2d 1270 (Coutinho Construction, Inc. v. Graph Development, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Brooks v. Holsombach
525 So. 2d 910 (District Court of Appeal of Florida, 1988)