That's always been my position, if you can fix/complete the work to lock down the amount of damages as it will cost more in the future and you can't recover for cost increases due to unreasonable passage of time. *Edward J. Kinberg* *Attorney* | *Stewart Law CS, LLC.* p: 321-541-6845 a: 525 Gus Hipp Boulevard, Suite D, Rockledge, FL 32955 Review by anyone other than the intended recipients is prohibited and may be unlawful. You must delete this message and any copy of it (in any form) without disclosing it if you believe this message has been sent to you in error. If you have received this transmission in error, please immediately notify us by reply e-mail, by forwarding this to desirestewart@stewartlawcs.com or by telephone at (321)541-6845. On Thu, Jun 9, 2022 at 1:51 PM RPPTL CLC-Discussion < clc-discussion@lists.flabarrpptl.org> wrote: > So just continuing to wax philosophically on this, but from the other > side, an owner has a duty to mitigate damages and, in the current > environment where material and labor costs are increasing, shouldn’t the > owner mitigate damages by making repairs as of the date the breach was > found and not wait until trial, such that an award of current costs may > reward the owner for not mitigating damages? > > > Lee​ A. Weintraub > Shareholder > Board Certified in Construction Law > Chair, Public Private Partnerships Practice Group > Vice Chair, Construction Law and Litigation Practice Group > [image: www.beckerlawyers.com] <http://www.beckerlawyers.com/> > Becker & Poliakoff > 1 East Broward Blvd., Suite 1800 > Ft. Lauderdale, > FL > 33301 > *954.985.4147* <954.985.4147> > > *954.985.4176* > *lweintraub@beckerlawyers.com* <lweintraub@beckerlawyers.com> > *www.beckerlawyers.com* <http://www.beckerlawyers.com/> > > *Connect with me on LinkedIn* > <http://www.linkedin.com/pub/lee-weintraub/1b/a0b/813> > *Follow me on* <http://twitter.com/leeweintraub> Twitter > <http://twitter.com/leeweintraub> > Follow Becker on... > [image: Facebook] <http://www.facebook.com/beckerpoliakoff> > [image: LinkedIn] > <http://www.linkedin.com/company/becker-&-poliakoff-p.a.> > [image: Twitter] <http://twitter.com/BeckerPoliakoff> > [image: YouTube] <https://www.youtube.com/user/bplawfirm> > Confidentiality Note: This message, together with any attachments, may > contain privileged and confidential information. If the reader of this > message is not the intended recipient, you are hereby notified that any > examination, distribution, or copying of this communication is strictly > prohibited. If you have received this communication in error, please notify > us by reply e-mail and permanently delete the original message, along with > any attachments. Thank you. > ​ > > *From:* clc-discussion-bounces@lists.flabarrpptl.org < > clc-discussion-bounces@lists.flabarrpptl.org> *On Behalf Of *RPPTL > CLC-Discussion > *Sent:* Thursday, June 9, 2022 1:06 PM > *To:* 'clc-discussion@lists.flabarrpptl.org' < > clc-discussion@lists.flabarrpptl.org> > *Subject:* [CLC-Discussion] 553.84 damages > > > > *EXTERNAL EMAIL - This message originated from an External Source*. > > > > I’m interested in others’ thoughts on this. > > > > We know two things about breach of contract damages under *Grossman > Holdings*: (1) that they are to be measured as of the time of the breach (*Jeremy > Stewart Constr., Inc. v. Matthews*, 324 So. 3d 41 (Fla. 1st DCA 2021)) – > with interest accruing since that time; and (2) that they are limited to > diminution in value if the cost to correct would be “unreasonable economic > waste.” --- BUT – what about damages under 553.84? Since the building code > has the force of law, and is for the purposes of life safety, etc., > wouldn’t damages for a 553.84 claim have *neither* of those constraints? > *I.e.* wouldn’t they, for public policy reasons, be measured by the > *current* cost to correct and not be limited by the economic waste > constraint because the law requires their correction? > > > > I can find zero cases or other authorities that even touch this point. > > > > Thoughts from this august group? Am I Don Quixote here? > > *Bruce Partington | Shareholder* > bpartington@clarkpartington.com | (850) 432-1399 <callto:(850)%20432-1399> > > *CLARK PARTINGTON* > Office: (850) 434-9200 | Fax: (850) 432-7340 > 125 East Intendencia Street, 4th Floor > Pensacola, Florida 32502 > clarkpartington.com > > <https://www.facebook.com/ClarkPartington/> > <https://www.linkedin.com/company/2250553/admin/> > <https://twitter.com/ClarkPartington> > <https://www.instagram.com/clarkpartington/> > > > _______________________________________________ > CLC-Discussion mailing list > CLC-Discussion@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/clc-discussion