[CLC-Discussion] Damages from lost sale

[Gregory Johansen]

Contractor builds a building containing a significant building defect.
Defect is not discovered during construction nor inspections.  Years later (
before statute of repose runs out) building is under contract to sell and
the inspection finds the defect.  Sale falls through.  Building is
remediated and there is a  subsequent sale but  for significantly less
money.   There is still some question about the defect and stigma attached.
Typically, a building owner can recover repair costs or diminution in value
but not both.  Can owner sue recover the lost sale damages separately from
the repair costs?  And under what theory?

 

Thanks

 

Greg 

 

Gregory J. Johansen

Gregory J. Johansen P.A.

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Orlando FL 32814

 

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