Vinci Development Company v. Peter W. Connell

We have before us an appeal and cross-appeal that arise from amended final judgment in an action that was started in the trial court by appellant/cross-appellee's (Contractor) complaint for breach of contract and for foreclosure of a mechanic's lien. Appellee/cross-appellant (Owner) counterclaimed in three counts seeking compensatory damages for breach of the construction contract for failure of satisfactory performance and on a theory of constructive fraud, and a claim for punitive damages under the provisions of section 713.31, Florida Statutes (1983), alleging that Contractor exaggerated its claim of lien. A jury returned a verdict finding Contractor was entitled to $10,791.43 as additional compensation on its contract for work performed for Owner. The jury also returned a general verdict for Owner on the two counts of his counterclaim seeking compensatory damages, but awarded zero damages to Owner.