Construction Contract Breach: What’s at Stake?

1) Benefit of the bargain damages is the difference between the contract price and the reasonable cost to perform/complete the contract.

2) Damages under a claimed total breach involves treating the contract as void and seeking damages to be restored to the position prior to entering into the contract.

3) In a recent 4th DCA case, an owner paid a contractor $90,000 prior to terminating for a breach. It was determined the contractor only performed $49,150 in work, so the owner was entitled to the $40,850 difference as an over-payment.

https://www.kirwinnorris.com/measure-of-damages-for-breach-of-construction-contract/