J&K Mechanical, LLC. d/b/a Tropic Air Conditioning v. Jasco Construction Co. and Travelers Insurance Company
N/AOUTCOME: Jury verdict for $245,000.00
A subcontractor sued the general contractor on 3 subcontracts to provide the mechanical (air conditioning) construction for 3 new Miami-Dade public schools. The Plaintiff/subcontractor claimed that th ... e general contractor breached the contract by failing to make timely payments, failing to pay change orders and improperly terminating the subcontractor. The Plaintiff also claimed that the general contractor requested and received payments from the school board and then refused to pay the subcontractor the amounts received for mechanical work in violation of Chapter 253, Florida Statutes. The Plaintiff also made claims against the surety which bonded the jobs. The Defendant general contractor claimed defects and deficiencies in the Plaintiff's work and that the Plaintiff improperly walked off of the jobs. The Defendant filed a counterclaim and sought set offs for the amounts paid to other mechanical contractors to complete the Plaintiff's work. Just prior to trial, the Defendant dismissed its counterclaim. The issues were tried for 5 days to a jury which returned a verdict in favor of the Plaintiff for the full amounts owned under the contracts, $245,000.00, with no set off for amounts paid by the Defendant to other sub-contractors. The Defendants took an appeal. The case was subsequently settled.
