In construction disputes, one of the most important issues is whether the party claiming damages can adequately prove its damages at trial. Under Florida law, the burden is on the party seeking damages to prove its damages with a reasonable degree of certainty. While difficulty proving your damages may not be a bar to recovery, the award of damages cannot be based on mere speculation or guesswork. (For more on the burden of proof for construction damages under Florida law, click here.)

Florida law also specifies a “time of breach” standard that requires a party seeking damages based on defective construction work to calculate its damages as of the date of the breach of contract. A recent Florida appellate decision demonstrates the importance of proving damages under the time of breach standard.