Bandklayder Development, LLC v. Sabga
Homeowners won a bench-trial judgment of $425,936.75 against a builder for construction defects, based on their expert's cost-to-repair estimates as of his 2022 report and as of the 2023 trial date. The Third DCA reversed, holding that under Grossman Holdings damages for breach of a construction contract must be measured as of the date of breach (here 2017 or at the latest 2018), and because the plaintiffs offered no evidence of damages as of that date, they failed to prove an essential element. The court refused to allow a do-over and remanded for entry of judgment for the builder.
Key facts
- Homeowners sued builder Sabga for construction defects in a residential project, alleging breach of contract.
- After a bench trial, the trial court awarded homeowners $425,936.75 in damages based on expert testimony regarding cost-to-repair estimates from 2022 and at the 2023 trial date, approximately five to six years after the alleged breach.
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Why it matters
This is a stark reminder or defense counsel that in construction defect cases the plaintiff's cost-to-repair proof must be tied to the date of breach, not the date of the expert report or trial \\especance especially… — full analysis with a trial
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