A party seeking damages in construction litigation is often so incensed at the other side’s perceived outrageous conduct that they want to recover more than those compensatory damages that would make them whole. One potential item of additional recovery to consider is punitive damages.
The purpose of awarding punitive damages under Florida law is not to further compensate the plaintiff, but to punish the defendant for its wrongful conduct and to deter similar future misconduct. The possibility of being subject to an award of punitive damages can be a significant impetus to resolve a dispute.
But are punitive damages recoverable in every construction dispute? The answer is … it depends on the particular case.
In Florida, breach of contract claims generally do not allow for the recovery of punitive damages. One seeking to foreclose a construction lien is likewise typically not entitled to recover punitive damages. However, where there is a finding of...
