$______ VERDICT - BREACH OF CONTRACT - PLAINTIFF CONTRACTOR CLAIMS DEFENDANT ELECTRICAL SUBCONTRACTOR FAILED TO PERFORM WORK CONTRACTED OR PRODUCED DEFECTIVE WORK, FAILED TO SUPPLY LABOR AND MATERIALS AS CONTRACTED, AND CAUSED DELAYS IN PROJECT - DEFENDANT DENIES BREACH; CLAIMS IT COMPLETED WORK PER AGREEMENT AND COUNTERS PLAINTIFF FAILED TO PAY DEFENDANT FOR WORK COMPLETED.

• Pages: 9-10

Attorneys for defendant: Robert J. Cousins and Scott

C. Sankey of Quintairos, Prieto, Wood & Boyer, P.A.

in West Palm Beach, FL.

COMMENTARY

Plaintiff’s counsel stressed the proximity of the decedent’s death

the morning following her treatment by the defendant doctor. The

plaintiff also focused on evidence that the defendant did not refer

the decedent to a hospital or other medical professional. Instead,

the defendant sent her home allegedly failing to recognize an

emergent, urgent and life-threatening medical condition.

However, the defendant’s trial presentation was in direct contrast

to the position put forth by the plaintiff. he defendants offered evi-

dence indicating that there was no indication of the impending

aortic aneurysm and that the defendant physician treated the dece-

dent reasonably and within acceptable standards. The defense also

presented the common-sense argument that the plaintiff could

have and should have taken herself to the emergency room or

called “911” if her symptoms returned or worsened.

At the conclusion of all evidence, in a hard-fought battle, the jury

came out on the side of the defendant and refused to hold the doc-

tor responsible for the decedent’s sudden death.

$266,130 VERDICT – BREACH OF CONTRACT – PLAINTIFF CONTRACTOR CLAIMS

DEFENDANT ELECTRICAL SUBCONTRACTOR FAILED TO PERFORM WORK

CONTRACTED OR PRODUCED DEFECTIVE WORK, FAILED TO SUPPLY LABOR AND

MATERIALS AS CONTRACTED, AND CAUSED DELAYS IN PROJECT – DEFENDANT

DENIES BREACH; CLAIMS IT COMPLETED WORK PER AGREEMENT AND COUNTERS

PLAINTIFF FAILED TO PAY DEFENDANT FOR WORK COMPLETED.

Miami-Dade County, FL

In this breach of contract case, the city’s water

and sewer department hired the plaintiff to

perform work at a project to upgrade its pump

station located at 15701 NW 59th Avenue in

Miami Lakes. In turn, the plaintiff, in turn, hired

the defendant electrical services company to

perform electrical workfortheprojectunder

subcontract. The plaintiff maintained that the

defendant breached its contract with the plaintiff

by failing to provide contracted labor and

materials, performed defective work, failed to pay

mandated payroll wages, and failed to perform its

work in a timely and efficiently manner as

agreed. The defendant denied breaching the

contract and asserted that it had satisfied all the

conditions of the agreement between the parties.

The plaintiff subcontracted the defendant who agreed

to: provide materials and labor sufficient to perform the

scope of the electrical work on the project, including 1)

providematerialandlabortodemoexistingtrans

-

former, meter, control, and SCADA panel, 2) provide

and install new controls, meter, and transformer; 3) pro-

vide material and balor to reconnect/connect SCADA

panel and antenna; 4) provide and install new ATS and

Mini Panel L; and 5) provide material and labor to con-

nect the generator. The plaintiff asserted that the defen-

dant failed to provide or purchase any of the required

materials. As a result, the plaintiff was forced to pur-

chase all of these materials at its own expense with an

understanding that the defendant would be back-

charged for these purchases. In total, the plaintiff pur-

chased materials on the defendant’s behalf for

$67,057. Additionally, the defendant performed defec-

tive installation of electrical piping that required removal

and replacement of a concrete slab to remediate. The

plaintiff performed this work at a cost of $4,710.

The defendant additionally failed to pay certain em-

ployees in accordance with the minimum wage re-

quired by law. The plaintiff was forced to pay the back

wages owed, plus payroll taxes, penalties and costs on

behalf of the defendant. The plaintiff was prohibited

from bidding further jobs while these amounts were

owed, impacting the plaintiff’s overall business. The

plaintiff was forced to pay $6,601 for back wages for the

defendant’s employees, taxes, penalties and costs.

Lastly, the plaintiff maintained that the defendant failed

to perform its portion of the work on time, delaying the

project and causing the plaintiff to incur extended costs.

The defendant asserted that the plaintiff waived certain

conditions or was estopped from asserting said condi-

tions. The defendant counterclaimed that the plaintiff

had agreed to pay the defendant for the work it actually

accomplished as the work progressed and agreed to

make “progress payments” after it received funds from

the client. The defendant maintained that it completed

the work specified in the agreement in November of

2019 and believed the plaintiff had been duly compen-

sated by the client, yet breached the agreement by

failing to remit payment to the defendant when re-

quested. The defendant claimed damages of $42,445

and had been subjected to litigation in the instant case

due to the plaintiff’s breach.

After a bench trial, the court found in favor of the plaintiff

and against the defendant and awarded damages in

the amount of $266,130 to the plaintiff.

REFERENCE

Jones Benitez Corporation vs. Arbor Electrical Service,

Inc. Case no. 2020-010597-CA-01; Judge William

Thomas, 03-04-22.

SUMMARIES WITH TRIAL ANALYSIS 9

Florida Jury Verdict Review & Analysis

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