Barrish v. Interiors by Steven G., Inc.
The Third DCA affirmed a final judgment in a ten-year interior design dispute. The court held that Barrish could not recast his breach-of-contract claim as an FDUTPA violation merely because he alleged the design firm inflated markups and concealed its true costs while charging a 35% professional services fee — particularly where Barrish approved and paid all invoices. The cross-appeal challenging the trial court's $103,134 setoff for defective wood flooring was also rejected because the settlement communication used to establish the setoff had independent evidentiary value.
Key facts
- Bryan Barrish, a part-time Miami-Dade resident, contracted with interior design firm Interiors by Steven G., Inc. in 2012 for design and decorating services on his condominium; the written agreement provided for a 35% professional services fee and a discount on designated items calculated from the showroom list price, which the contract expressly stated was not a market-defined price.
- Steven G. invoiced Barrish approximately $1.5 million; Barrish reviewed, approved, and paid all invoices without objection, but later alleged the firm inflated markups, concealed actual vendor costs, and improperly calculated the 35% fee — and sued for both breach of contract and FDUTPA violations.
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Holdings
- An FDUTPA claim that merely recasts a breach-of-contract claim — where the alleged deception consists of pricing opacity and markup concealment under a known contract structure — fails…
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Why it matters
This case illustrates the limits of FDUTPA in high-end service contracts: pricing opacity, undisclosed vendor markups, and layered fee structures — while commercially aggressive — do not automatically convert a contract… — full analysis with a trial
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