Andersen Builders v. Kritikos

Trial   06/22/10 – 07/20/10

Case Number
06000735CA
Status
Concluded - Verdict
Industry
Construction
Practice Area
Construction Law, Commercial Law, Malpractice
Judge
George Shahood
Court
Martin County Courthouse
Jurisdiction
19th Judicial District of Florida

Description

Construction contract jury trial involving a high-end luxury home. According to the plaintiff's attorney, Jack Sieler, the case was very simple: Andersen Builders did the work and did it well, but due to an argument between the owner and the architect, the owner failed to pay Andersen's last eight payment applications, totaling $548K.

According to defense attorney Louis Mrachek, the owner was given an estimate of $4.1M and 14 months to complete the house, but the house was nowhere near done at the promised time or promised price, and that Andersen had overcharged. At the time the home should have been completed, $5.4M had been spent, and the budget had increased to $8M.

The jury found that Andersen suffered $548K in damages due to Mr. Kritikos' breach of contract, and Mr. Kritikos suffered delay damages of $130,000 due to Andersen's breach of contract. The jury also found a breach of contract by Arcs, which resulted in $1,139,343 in damages owed to Mr. Kritikos. The jury also concluded that Arcs did not act as a contractor, and that there was no negligence by architect Peter Gluck in the design of the Kritikos house.

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Sessions
Recording Disclaimer: This proceeding was recorded in full.

July 16 - AM Session
Not in Session
July 2 - AM Session
Plaintiff Witness(es)
Description Attorney Witness Presence
00:00:14 General Case Activities
00:01:19 Witness Direct Examination Dytrych, Martin In Person
00:55:59 Witness Cross Examination Mrachek, Louis Dytrych, Martin In Person
01:10:09 Witness Cross Examination Dytrych, Martin In Person
01:12:04 Witness Re-Direct Examination Dytrych, Martin In Person
01:14:19 General Case Activities
01:31:14 Witness Re-Cross Examination Mrachek, Louis Dytrych, Martin In Person
01:35:39 Witness Re-Direct Examination Dytrych, Martin In Person
01:42:20 General Case Activities Dytrych, Martin In Person
01:43:35 Break
02:08:07 Witness Direct Examination Mrachek, Louis Wise, Ronald In Person
02:24:29 Break
02:34:22 Witness Direct Examination Mrachek, Louis Wise, Ronald In Person
02:40:27 General Case Activities
02:44:20 Witness Direct Examination Mrachek, Louis Wise, Ronald In Person
02:47:14 Witness Cross Examination Seiler, John Wise, Ronald In Person
03:21:01 Break
03:26:29 Witness Re-Direct Examination Mrachek, Louis Wise, Ronald In Person
03:29:43 Witness Re-Cross Examination Seiler, John Wise, Ronald In Person
03:34:15 Witness Re-Direct Examination Mrachek, Louis Wise, Ronald In Person
03:38:44 Witness Re-Cross Examination Mrachek, Louis Wise, Ronald In Person
03:39:39 General Case Activities
03:46:04 Witness Direct Examination Mrachek, Louis Holton, Robert Video Recording
04:22:54 End of Session
July 2 - PM Session
Not in Session
June 25 - PM Session
Plaintiff Witness(es)
June 22 - AM Session
Not in Session