Smith v. Mark Coleman Construction, Inc.

594 So. 2d 812 (1992)

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Smith v. Mark Coleman Construction, Inc.

Florida District Court of Appeal
594 So. 2d 812 (1992)

  • Written by Tammy Boggs, JD

Facts

John and Sharon Smith (plaintiffs) contracted with Mark Coleman Construction, Inc. (Coleman) (defendant) to construct a house for a price of $266,614. The house was constructed with numerous defects, including an undisputed “hump” in the floor of two second-story bedrooms. The hump was obvious to the naked eye and developed after trusses were left unsealed while construction was ongoing. The Smiths discovered the hump a few months before construction was completed, but Coleman proceeded to finish the home without fixing the hump. The Smiths sued Coleman for breach of contract, and a nonjury trial proceeded. As to the hump, the Smiths presented expert evidence from an engineer as to the inability to repair the hump and a general contractor who believed that the hump could possibly be removed for $10,000 to $15,000, but that the removal would cause other cracks and damage. The trial court would not allow the Smiths to present evidence regarding the diminution in market value of their home due to the hump. Coleman presented expert evidence that the hump could be cosmetically masked through creative flooring methods at a cost of $3,640. The trial court awarded the Smiths for various items that were defectively constructed and $3,640 for the hump. The Smiths appealed, arguing that the award for the hump was inadequate.

Rule of Law

Issue

Holding and Reasoning (Parker, J.)

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