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ARTICLE ID 195235

$________ Contract – Engineering negligence – Failure to supervise concrete spalling repair – Alleged defective workmanship at condominium complex.

Broward County, FL

This contract action was brought against the defendant contractor and the co-defendant engineering company retained to repair concrete spalling (damage) at the plaintiff condominium complex. The plaintiff alleged that the repairs were not properly performed or supervised, requiring additional expenditure on the part of the plaintiff. The defendant contractor was in default at time of trial. The co-defendant engineering company maintained that the work was properly performed. The co-defendant engineering company asserted a counterclaim for $________ allegedly due and owing from the plaintiff under the contract.

Evidence showed that there was a dispute between the plaintiff and the defendant contractor, and the contractor stopped work on the project. The plaintiff alleged that the co-defendant engineering company failed to properly supervise the contractor, and negligently signed off on inadequate work. As a result, the plaintiff sought approximately $________ in damages to repair the allegedly defective work.

The defendant engineering company maintained that the concrete work was performed within industry standards. The defendant argued that the contractor walked off the job because he was not being paid by the plaintiff. The defendant’s expert opined that the issues outlined by the plaintiff could be repaired for approximately $________.The jury found the defaulted contractor 50% negligent, and the co-defendant engineering company 50% negligent. The plaintiff was awarded $________ in total damages. The jury rejected the defendant’s counterclaim. The plaintiff has filed an appeal. The defendant engineering company is expected to file a cross-appeal on the counterclaim, and they also claim entitlement to attorney fees based on a proposal for settlement in the amount of $________. The plaintiff has filed a motion for costs.

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