Published in The Florida Bar Journal
In an article published in the May/June 2026 issue of The Florida Bar Journal, Ball Janik LLP Attorney and Special Counsel, Todd Demetriades, discusses recent Florida appellate decisions addressing the date used to measure repair damages in construction defect breach of contract claims and why that standard does not or should not apply to non-contract tort claims. He reviews key contract damages cases and explains the well-defined distinction between contract and tort damages to support litigation strategy and case evaluation.
“Because the plaintiffs in both cases did not present evidence of their repair costs using pricing as of the date of breach, the appellate courts reversed the judgments in their favor for failing to establish their damages,” Demetriades mentions in his article.
The article explains the contract damages rationale behind measuring damages as of the date of breach and how that rationale relates to what the parties agreed to or contemplated in the contract. It also cautions that failing to price out repairs on the relevant date can have significant consequences depending on the claim type and context.
“Florida law recognizes a fundamental distinction between the calculation of damages in contract and tort,” writes Demetriades.
To read the article in full, click here.