What Types of Damages Are Available in Breach of Construction Contract Cases? 

When you hire a construction company to begin building your dream home, everything seems exciting and hopeful. However, a breach of contract from the construction contractor you hired can quickly put a damper on your dreams of custom homeownership. Here’s a look at what types of damages are available in breach of construction contract cases and what you can do to obtain the compensation you deserve after a construction company or contractor leaves you high and dry. 

Two Primary Types of Breach of Construction Contract Damages 

An owner that brings a claim against a construction contractor or company can choose to be reimbursed in one of two ways: 

1. The contract is considered void and the owner must be fully restored to their status prior to the beginning of the contract. This means the construction company must pay back some or all of the funds paid to them at the start of and/or during the project, less the quantum meruit value of work done to date. 
2. The contract must be affirmed and the owner must be compensated for the benefit they would have received if the contract had been completed as promised. This benefit can be compensated in a variety of ways, such as compensating the owner for cost to have the construction completed by another contractor. 

Cano, Inc. v. Judet, 2021

In the case of the Fourth District Court of Appeal in Cano, Inc. v. Judet, 2021 WL 4301625 (Fla. 4th DCA 2021), the appeals court ruled that the owner had the right to choose to be financially restored to their position immediately prior to signing the construction contract. Despite the defendant’s staunch opposition, the judge ruled that they are required to remit all payments made for the construction back to the owner after subtracting the quantum meruit value of the work the contractor did. 

Get Help From a South Florida Construction Dispute Attorney Today 

If you are a homeowner whose construction contractor has failed to meet their contractual obligations, you may have legal recourse. It’s critical to reach out to an experienced construction litigation law firm for assistance; inexperienced legal help may be no help at all. Call Feinstein Real Estate Litigation & Business Law for your consultation or to get answers to your questions about construction litigation by dialing 954-767-9662.