VIKING COMMUNITIES CORP., NOW KNOWN AS COMMUNITIES FINANCIAL CORPORATION, APPELLANT,
v.
PEELER CONSTRUCTION CO. AND STAR CONSTRUCTION CO. OF FT. PIERCE, INC., APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Viking Communities appeals a judgment awarding Star Construction full damages under quantum meruit theory despite finding Star breached a construction contract. The court reverses, holding that a contractor who substantially performs a construction contract is entitled to a mechanic's lien and cannot also recover the full contract price under quantum meruit.
A contractor who substantially performs a construction contract and acts in good faith is entitled to enforce the contract despite incomplete performance. A technical breach without damages is consistent with substantial performance and should not preclude a mechanic's lien based on equitable theories like unclean hands. A contractor cannot recover both a mechanic's lien and full contract price damages under quantum meruit.
[1] A contractor who substantially performs a contract in good faith is entitled to enforce the contract, even if performance is not complete.
[2] A technical breach of contract alone, without resulting damages to the owner, is generally insufficient to invoke the doctrine of unclean hands to deny a mechanic's lien.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The doctrine of substantial performance prevails in this State and a contractor who substantially performs and is in good faith is entitled to enforce the contract even if performance has been less than complete.”
Establishes the controlling legal standard for contractor performance in Florida construction contracts
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceStar Construction contracted with Viking Communities to perform excavations at a set unit price with a maximum amount, but the estimated excavation vo…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Substantial Performance cases and more on FLexlaw
BERANEK, Judge.
Viking Communities, plaintiff below, here appeals a final judgment entered in favor of Star Construction on a counterclaim in a third-party action.
Star Construction contracted with Viking to perform certain excavations on Viking’s construction project. Payment was based on a unit price for the volume of material excavated. The contract estimated the volume of excavation and established a dollar amount which was not to be exceeded. The contract also provided for progress payments from Viking to Star. Work commenced and problems arose. The subsequent events are disputed, but several facts are apparent. The estimated volume of excavation was too low. Star fell behind schedule in completing the project and Viking withheld a progress payment. Star eventually ceased work altogether and Viking completed the work through another subcontractor. Star filed a complaint seeking recovery on two counts; foreclosure of a mechanic’s lien and quantum meruit.
The case was tried by the Court resulting in a final judgment in favor of Star for the full amount claimed but denying the mechanic’s lien.
The trial court found that Star had breached the contract in failing to perform within the prescribed time but that no damages to Viking had occurred. The Court denied foreclosure of the mechanic’s lien based upon the equitable theory of “unclean hands” as applied against Star. The Court entered judgment for the full amount claimed by Star under the breached contract but did so on the theory of quantum meruit. Viking here appeals that judgment and Star cross appeals denial of the mechanic’s lien. Since a contract is essential to any mechanic’s lien, we look first to the enforceability of the basic contractual obligation. 22 Fla.Jur., Mechanic’s Lien § 19. The doctrine of substantial performance prevails in this State and a contractor who substantially performs and is in good faith is entitled to enforce the contract even if performance has been less than complete. Ocean Ridge Development Corp. v. Quality Plastering, Inc., 247 So. 2d 72 (Fla. 4th DCA 1971).
Where a contractor breaches a construction contract, the damages are generally determined by the amount in excess of the contract price which the owner reasonably expends to complete the project. Assuming good faith substantial performance, recovery under the contract should be diminished by this amount. Melnick v. Reynolds Metals, 230 So. 2d 490 (Fla. 4th DCA 1970), Bryan v. Owsley Lumber Co., 201 So. 2d 246 (Fla. 1st DCA 1967).
Where a contractor complies with all provisions of Chapter 713, Florida Statutes, and has substantially performed the contract, he is entitled to a mechanic’s lien. See Poranski v. Millings, 82 So. 2d 675 (Fla.1955), and American Motor Inns of Florida, Inc. v. Bell Electric, 260 So. 2d 276 (Fla. 4th DCA 1972).
Here, the trial court found a breach by the contractor, Star, but no damages to the owner. Nevertheless the mechanic’s lien was denied because the court characterized Star as having “unclean hands.” The judgment makes no mention of substantial performance but the record indicates Star did substantially perform and a technical breach without damage is certainly consistent with substantial performance. A technical breach of contract alone may or may not result in unclean hands but under the circumstances here presented it should not have been the basis for denying the mechanic’s lien. The Court erred in failing to grant to Star a mechanic’s lien.
The final judgment granting full damages under the breached contract on a quantum meruit theory is the subject of Viking’s appeal. If the contractor is entitled to prevail on the mechanic’s lien aspect of the case, he is not also entitled to a full contract price recovery on the quantum me-ruit theory. We are, therefore, convinced that the Court misconceived the effect of the evidence and the judgment based on quantum meruit is also reversed. The matter is remanded for further proceedings consistent with this opinion.
REVERSED AND REMANDED.
DOWNEY, C. J., and LETTS, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
-
Boyce Constr. Corp. & United States Fid. & Guar. Co. v. The Dist. Bd. OF Trs. OF Valencia Cmty. Coll. f/u/b/o Diversified Design Enters., Inc., 414 So. 2d 634 (Fla. 5th DCA 1982)…letion of the project by the appellee ...” In support of this contention appellee relies upon the cases of Oven Development Corporation v. Molisky, 278 So. 2d 299 (Fla. 1st DCA 1973) and Viking Communities Corporation v. Peeler Construction Company, 367 So. 2d 737 (Fla. 4th DCA 1979). We agree that the doctrine of substantial performance prevails in this state and that “a contractor who substantially performs and is in good faith is entitled to enforce the contract even if performance has been less than comp…
-
Stunkel v. Gazebo Landscaping Design, Inc., 660 So. 2d 623 (Fla. 1995)…ontractors begin to furnish services when they first select materials off the job site even though there is no binding contractual obligation to do so. A contract is essential to a mechanic’s lien. See Viking Communities Corp. v. Peeler Constr. Co., 367 So. 2d 737, 739 (Fla. 4th DCA 1979); § 713.06(1), Fla.Stat. (1991) (“[A] subcontractor ... has a lien on the real property improved for any money that is owed to him for labor, services, or materials furnished in accordance with his contract.” (emphasis added)…
-
Vinci Dev. Co. v. Connell, 509 So. 2d 1128 (Fla. 2d DCA 1987)…lan of compensation or even a dispute as to the method of compensation provided in the contract does not convert such a good faith dispute into a fraudulent lien as pro-videdln section 713.31. Viking Communities Corp. v. Peeler Construction Company, 367 So. 2d 737 (Fla. 4th DCA 1979). Since the trial judge obviously relied upon his conclusion that the Contractor’s good-faith claim for compensation was improper because it was for work not performed, it is equally obvious by his findings of “good-faith” that h…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Bryant v. Brinkley, 247 So. 2d 72 (Fla. 1st DCA 1971)
- The Fid. & Cas. Co. OF NEW York v. Servan Land Co., Inc., 201 So. 2d 246 (Fla. 4th DCA 1967)
- Poranski v. Millings, 82 So. 2d 675 (Fla. 1955)
- Am. Motor Inns OF Fla., Inc. v. Bell Elec. Co., 260 So. 2d 276 (Fla. 4th DCA 1972)
- E. G. Layton Constr. Co. v. Kalin, 230 So. 2d 490 (Fla. 1st DCA 1970)