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529 So. 2d 1270

529 So.2d 1270

13 Fla.L.Weekly 1983

Coutinho Construction, Inc. v. Graph Development, Inc.

District Court of Appeal of Florida

Decided August 24, 1988

District Court of Appeal of Florida · decided 1988-08-24

Relies on 525 So. 2d 910 - Brooks v. Holsombach

Decided 1988-08-24

LETTS, Judge.

¶1This bench trial involved a general contractor and a subcontractor as adversaries. We hold that the measure of damages was improper because it was based on a percentage of completion.

¶2The subcontractor was awarded $27,-000.00 predicated on proof of percentage of completion. We recently held that “percentage of completion is not the proper method to prove damages for the breach of a construction contract.” Brooks v. Holsombach, 525 So.2d 910 (Fla. 4th DCA 1988).

¶3Accordingly, we reverse and remand for a new trial on this issue. We affirm the trial court on the matter of the counterclaim.

¶4REVERSED AND REMANDED.

DOWNEY and STONE, JJ., concur.
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