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HEBDEN v. ROY A. KUNNEMANN CONST., INC.

No. 4D07-3538.

3 So.3d 417 (2009)

Sean HEBDEN and Georgia Hebden, his wife, and William Hebden and Janice Hebden, his wife, Appellants, v. ROY A. KUNNEMANN CONSTRUCTION, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 19, 2009.

Attorney(s) appearing for the Case

William M. Layton, Lake Worth, for appellants.

Raymond M. Masciarella, II of Raymond M. Masciarella, II, P.A., North Palm Beach, for appellee.

GROSS, C.J.

We write to explain why Chapter 558, Florida Statutes (2007), does not preclude the assessment of damages as a set-off allowed under Florida case law where a party to a construction contract does not strictly comply with a provision of the statute.

Sean and Georgia Hebden entered into a contract with Roy A. Kunnemann Construction, Inc. for the construction of a single family home for $220,459.

A disagreement arose over the quality of the...

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