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Florida District Courts of Appeal, 1988

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

Coutinho Construction, Inc. v. Graph Development, Inc.
Florida District Courts of Appeal · Decided August 24, 1988 · Downey, Letts, Stone
529 So. 2d 1270; 13 Fla. L. Weekly 1983; 1988 Fla. App. LEXIS 3732 (Southern Reporter, Second Series)

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

Opinion of the Court

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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