Appellate Opinion Affirmed Construction Defect Case in Orange County

Orlando Partner Therese Savona recently secured an appellate win in the Third District Court of Appeal on a construction defect case. CSK represented a general contractor who was sued by a condominium association for breach of statutory implied warranty of fitness, negligence, and breach of the Florida Building Code. The case proceeded to a jury trial, where the jury was instructed at CSK's request about when the association's damages would be measured from. This was discussed during CSK's closing argument that the association failed to present any evidence of the damages, resulting in a defense verdict in favor of the general contractor. On appeal, the condominium association argued that jury instructions for the association’s damages were misleading and confusing, and that this was an error that required a new trial. During briefing and oral argument, Ms. Savona successfully defended the requested jury instructions and lack of evidence, as well as the jury's finding that the general contractor, did not cause any of the association's damages. In a detailed Opinion, the Third District described how the association failed to present its objections and disagreements at the time of trial.