RESORT PROPERTIES, INC., APPELLANT,
v.
JUPITER INLET CONDOMINIUM ASSOCIATION, INC., JUPITER ROOFING & SHEET METAL, INC., AND RESORT PROPERTIES & PILOT HOMES, APPELLEES; AND JUPITER INLET CONDOMINIUM ASSOCIATION, INC., CROSS-APPELLANT, V. RESORT PROPERTIES, INC., JUPITER ROOFING & SHEET METAL, INC. AND RESORT PROPERTIES & PILOT HOMES, CROSS-APPELLEES
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The court affirmed liability against Resort Properties for defective condominium construction but reversed the damages award to reduce it by $14,500 for repairs already made by the defendants.
Resort Properties is liable for damages from defective condominium construction, but the judgment must be reduced by $14,500 for repairs already completed by the defendants.
[1] A defendant in a construction defect action is entitled to a setoff for repairs to the defective work that the defendant has already completed and paid for.
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Join FLexlaw to unlock all legal intelligenceResort Properties constructed condominium buildings in the Jupiter Inlet Condominium Association that contained defects, particularly in the roofs. Re…
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DELL, Judge.
This appeal involves a claim for damages resulting from the defective construction of certain condominium buildings in the Jupiter Inlet Condominium Association.
We have carefully reviewed the record and find there is substantial competent evidence to support the trial judge’s final judgment holding appellant, Resort Properties, Inc., liable for the damages of appel-lee, Jupiter Inlet Condominium Association, Inc., and to support his judgment exonerating Jupiter Roofing & Sheet Metal, Inc., from liability. However, we find merit in appellant’s contention that the trial court erred in failing to reduce the amount of the judgment by the sum of $14,500 which Resort Properties, Inc., and Jupiter Roof ing & Sheet Metal, Inc., collectively spent making repairs to the roofs.
Accordingly, we affirm the judgment of liability in favor of Jupiter Inlet Condominium Association, Inc., and against Resort Properties, Inc. We reverse that portion of the judgment assessing the amount of damages in the amount of $63,315 and remand this cause to the trial court with directions to award Resort Properties, Inc., a setoff in the amount of $14,500 against the judgment. We affirm all other aspects of the judgment.
AFFIRMED IN PART, REVERSED IN PART and REMANDED.
HURLEY, J., and SIMONS, STUART M., Associate Judge, concur.