TEMPLE BETH SHOLOM AND JEWISH CENTER, INC., A NONPROFIT FLORIDA CORPORATION, APPELLANT,
v.
THYNE CONSTRUCTION CORP., A DISSOLVED FLORIDA CORPORATION; SEABOARD SURETY COMPANY, A NEW YORK CORPORATION; AND MARSH ROOFING COMPANY, APPELLEES
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The court held that the trial court erred in calculating damages for a defective roof, as the award was insufficient and did not account for all damages.
[1] The proper measure of damages for construction defects is the cost of correcting the defects, unless corrections involve unreasonable destruction of the structure and dis…
[2] When an owner elects to adopt a more expensive design during repairs, recovery for construction defects is limited to the reasonable cost of repair according to the origi…
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Join FLexlaw to unlock all legal intelligenceTemple sued its general contractor and surety for damages from a defective roof installed by a subcontractor. The trial court awarded Temple $10,000, …
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GRIMES, Judge.
This case involves a dispute between an owner, its general contractor, and a roofing subcontractor over the installation of a defective roof.
Temple Beth Sholom and Jewish Center, Inc., contracted with Thyne Construction Corporation to build a sanctuary and social hall. The contract called for the installation of an asphalt roof membrane over a concrete roof deck. Thyne subcontracted with Decks, Inc., to install the deck for $11,735 and with Marsh Roofing Company to install the membrane for $10,955. Less than a year after construction, the roof began to leak. The leaks eventually became so bad that they forced the replacement of the roof. Temple removed the entire membrane and substituted one of a different design which cost $72,000.
Alleging a breach of contract, Temple sued Thyne and Seaboard Surety Company for damages arising from the construction of the defective roof. Thyne and Seaboard then filed third party claims against Decks and Marsh alleging that if the defects in the roof existed, one or both of the third party defendants were responsible. Following a nonjury trial, the court entered a final judgment in favor of Temple against Thyne and Seaboard for $10,000. The court exonerated Decks but ruled that Thyne and Seaboard were entitled to recover $5,000 from Marsh on their third party claim. Temple filed an appeal attacking the adequacy of the judgment. Thyne and Seaboard, on the one hand, and Marsh, on the other, cross-appealed against each other. While the final judgment made no findings, a reading of the judge’s remarks at the conclusion of the hearing indicates that he was influenced by the original contract price for the membrane. Also, he apparently reduced Temple’s recovery because he thought that Temple’s representatives had pressured the contractor into putting on the roof at a time when the rainy weather conditions dictated the need for delay.
The proper measure of damages for construction defects is the cost of correcting the defects, except in certain instances where the corrections involve an unreasonable destruction of the structure and a cost which is grossly disproportionate to the results to be obtained. Gory Associated Industries, Inc. v. Jupiter Roofing & Sheet Metal, Inc., 358 So. 2d 93 (Fla. 4th DCA 1978); Edgar v. Hosea, 210 So. 2d 233 (Fla.3d DCA 1968). If in the course of making repairs the owner elects to adopt a more expensive design, the recovery should be limited to what would have been the reasonable cost of repair according to the original design. Cf. Pinellas County v. Lee Construction Co., 375 So. 2d 293 (Fla.2d DCA 1979), in which this court reversed a judgment which had limited the award for construction defects to the contract price and permitted recovery of the cost of the most reasonable method for remedying the defects.
Temple’s consulting engineer from Massachusetts estimated that it would have cost $39,000 to replace the roof according to its original design. This figure was subject to some criticism as not reflecting local construction costs. It is obvious, however, that the cost of making reasonable repairs would have far exceeded the amount of the judgment. Moreover, the court failed to take into account the damage caused inside the building by the water leakage.
Any reduction of Temple’s recovery because of the conduct of its own representatives was based upon a misapprehension of the evidence. While the record reflects the possibility that Thyne may have pushed Marsh into putting on the membrane before the weather conditions were suitable, there is absolutely no evidence that Temple pressured anyone towards an early completion.
We affirm the judgment insofar as it holds Thyne and Seaboard liable to Temple for damages arising from the faulty roof construction. We reverse the amount of the award and remand the case for a new trial on damages in which Temple will be entitled to recover what it would have reasonably cost to replace the roof according to the original design, together with any engineering and architectural fees reasonably necessary to accomplish the repair. In addition, Temple will be entitled to recover for the damages to the interior and contents caused by the leaky roof. In view of our disposition of Temple’s appeal, we also reverse the judgment for Thyne and Seaboard against Marsh and remand for a re-determination of the amount of damages owing on the third party claim.
SCHEB, C. J., and RYDER, J., concur.
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Grossman Holdings Ltd. v. Hourihan, 414 So. 2d 1037 (Fla. 1982)…48(2) (1981), but we prefer the language in Restatement (First). . Several Florida courts have issued opinions which, in essence, apply subsection 346(l)(a), but without mentioning the Restatement. Temple Beth Sholom v. Thyne Constr. Corp., [*1040] 399 So. 2d 525 (Fla.2d DCA 1981); Deltona Corp. v. Jannotti, 392 So. 2d 976 (Fla. 1st DCA 1981); Gory Associated Indus., Inc. v. Jupiter Roofing & Sheet Metal, Inc., 358 So. 2d 93 (Fla. 4th DCA 1978); B & J Holding Corp. v. Weiss, 353 So. 2d 141 (Fla.3d DCA 1977).…
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Centex-Rooney Constr. Co., Inc. v. Martin Cnty., 706 So. 2d 20 (Fla. 4th DCA 1997)…asonable cost of performing construction and repairs in conformance with the original contract’s requirements. See Grossman Holdings Ltd. v. Hourihan, 414 So. 2d 1037, 1039 (Fla.1982); Temple Beth Sholom and Jewish Ctr., Inc. v. Thyne Constr. Corp., 399 So. 2d 525, 526 (Fla. 2d DCA 1981). Such damages also include relocation and financing costs, see Tillman v. Howell, 634 So. 2d 268, 271 (Fla. 4th DCA 1994), and the engineering and architectural fees reasonably necessary to accomplish the reconstruction. See…
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Grossman v. SEA AIR Towers, 513 So. 2d 686 (Fla. 3d DCA 1987)…ice). Costs incurred in increasing the load capacity of the deck would have been the owners’ responsibility even if there had been no negligence on the part of the defendants. See Temple Beth Sholom & Jewish Center, Inc. v. Thyne Construction Corp., 399 So. 2d 525 (Fla. 2d DCA 1981) (if in course of making repairs owner adopts a more expensive design, recovery should be limited to what would have been reasonable cost of repair according to original design). [*689] Bliss seeks reversal of the trial court’s jud…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Edgar v. Hosea, 210 So. 2d 233 (Fla. 3d DCA 1968)
- Gory Associated Indus., Inc. v. Jupiter Roofing & Sheet Metal, Inc., 358 So. 2d 93 (Fla. 4th DCA 1978)
- Greenhawt v. Greenhawt, 375 So. 2d 293 (Fla. 3d DCA 1979)