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.
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