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Council of Unit Owners of Sea Colony East v. Carl M. Freeman Associates

Superior Court of Delaware
564 A.2d 357 (1989)


Facts

Carl M. Freeman Associates (Freeman) (defendants) were involved in the construction of the Edgewater House condominium building in 1975. The Council of Unit Owners of Sea Colony East (Council) (plaintiffs) brought suit against Freeman for defective construction in 1989. The Superior Court was asked to resolve the question of how to calculate damages before the case went to trial. The Council argued that repairing or replacing the defects is the appropriate measure of damages. Conversely, Freeman argued that the appropriate measure of damages is the diminution of value and/or useful life theories because the cost of replacing and repairing involves a virtual demolition.

Rule of Law

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Issue

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Holding and Reasoning (Martin, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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