A Review of Recent Appellate Opinions
Keystone Airpark Authority v. Pipeline Contractors
43 Fla. L Weekly D2601d
First DCA; November 27, 2018
The plaintiff hired a contractor to construct multiple airplane hangers and taxiways and, separately, it hired an engineer to monitor the construction. Not long after the project was completed, the hanger slabs and taxiways began deteriorating due to substandard materials and construction. The plaintiff sued the engineer for failing to monitor the construction. The plaintiff sought the cost of repairing the hangers and taxiways. The contract provided that the engineer shall have no liability for special or consequential damages. Did the court err in granting the engineer’s motion for summary judgment?
The answer is :
No. Consequential damages are damages caused by a third party. The damages here were caused by a third party, the contractor. Therefore, they were consequential damages, and were expressly excluded by the contract.
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