You are practically done, but not getting paid …is something I hear too often and then I get to advise if you can claim damages for your full remaining contract price, reimbursement of attorneys fees, costs and accumulated interest. Do you know the answers? Call Expert Construction Attorney, Glenn Williams to get your FREE WTF CONTRACT REVIEW AND FREE CONSULTATION. 407.926.4100
Under Florida law, substantial completion pursuant to a contract can be the equivalent to the doctrine of substantial performance. J.N. Beason Company v. Sartori, 553 So. 2d 180, 182 (Fla. 4th DCA 1989). “Substantial performance is that performance of a contract which, while not full performance, is so nearly equivalent to what was bargained for that it would be unreasonable to deny the promisee the full contract price subject to the promisor’s right to recover whatever damages have been occasioned him by the promisee’s failure to render full performance.” Id. See also Lazovitz, Inc. v. Saxon Constr., Inc., 911 F.2d 588, 592 (11th Cir.1990); Strategic Res. Group, Inc. v. Knight-Ridder, Inc., 870 So. 2d 846, 848 (Fla. 3d DCA 2003). Substantial completion, within the meaning of a construction contract, “means that the owner can use the property for the use for which it is intended.” Id. Furthermore, the court has laid out several “extremely important factors” in determining if substantial performance has occurred. Those factors include: the character of the performance that the plaintiff promised to render, the purposes and end that it was expected to serve in behalf of the defendant, and the extent to which the nonperformance by the plaintiff has defeated those purposes and ends, or would defeat them if the errors and omissions are corrected. Id.
If the breach of contract is willful, however, the doctrine of substantial performance does not apply. Rousselle v. B&H Const. Co., Inc. 358 So. 2d 614, 615 (Fla. 1st DCA 1978). Furthermore, under Florida law, abandonment is considered to be a willful breach. Bryan v. Owsley Lumber Co., 201 So.2d 246, 248 (Fla. 1st DCA 1967). Additionally, Florida law dictates that it is the obligation of a general contractor to make assurances that subcontractors are performing their contracts in accordance with the owner’s requirements as contained in the plans and specifications. Hawaiian Inn of Daytona Beach, Inc. v. Robert Myers Painting, Inc., 363 So. 2d 125, 126 (Fla. 1st DCA 1978) (also holding that when a property owner prevails in an action brought to enforce a mechanic’s lien, the property owner is entitled to recover reasonable fees for the retention of attorney). Id.
I love to advise you that you may be entitled to get your full remaining contract price, plus reimbursement of attorneys fees, costs or accumulated interest. Call us to find out if your project is a substantial completion
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