The Bandklayder Case: Why Quality Representation Matters in Construction Defect Claims

The Bandklayder Case: Why Quality Representation Matters in Construction Defect Claims

The recent Florida appellate decision in Bandklayder Development, LLC v. Sabga is a cautionary tale for homeowners pursuing claims for construction defects. The case underscores a critical legal principle: damages must be proven as of the date of the breach, not at the time of trial. For homeowners, this highlights the importance of working with experienced professionals—not just legal experts but also credible real estate professionals who can help ensure the quality and integrity of their transactions.

The Trial Court’s Decision

In this case, Bandklayder Development, LLC sold a single-family home to Joseph and Dunia Sabga in 2017. The builder provided a warranty and committed to addressing defects identified during a pre-closing walkthrough. However, the builder failed to follow through, leaving unresolved defects. The homeowners filed suit for breach of contract, violation of the Florida Building Code, and breach of implied warranty.

At trial, the homeowners’ expert testified that repair costs were $322,916.36 as of 2022, rising to $435,936.75 by 2023 due to escalating construction costs. The trial court awarded damages based on the 2023 estimate, ruling in favor of the homeowners.

The Appellate Court’s Reversal

On appeal, the Florida Third District Court of Appeal reversed the decision. The court found that the homeowners failed to present evidence of damages as of the breach date, which was either in July 2017 (when they took possession of the home) or April 2018 (when they notified the builder of defects). The appellate court relied on Florida Supreme Court precedent in Grossman Holdings Ltd. v. Hourihan, which mandates that damages for construction defects must be calculated as of the breach date to avoid speculative recovery.

The appellate court ruled that the failure to provide this evidence was not due to judicial error. As a result, the homeowners were barred from presenting new evidence on remand, and judgment was entered for the builder.

Lessons for Homeowners

1. Time-Sensitive Damages
   Florida law requires damages to be calculated as of the breach date to ensure fair compensation without inflating costs due to post-breach fluctuations.

2. Speculative Costs Won’t Hold Up
   Presenting repair estimates tied to years after the breach introduces uncertainty and is insufficient under Florida law.

3. Work with Quality Representation
   Whether dealing with construction defects, buying a home, or ensuring proper representation in real estate transactions, it’s essential to work with professionals who have the expertise and credibility to protect your interests. A trusted real estate agent can play a pivotal role in connecting you with reliable builders and ensuring you avoid issues like those in the Bandklayder case.

Explore how working with a credible realtor like Melissa Johnson can make a difference in your real estate journey.

Why Representation Matters

For Homeowners: Having a trusted realtor in your corner ensures you’re working with reputable builders and contractors. They can provide invaluable guidance throughout the homebuying process, helping to identify potential issues early and avoid costly disputes later.

For Builders: Upholding quality standards and maintaining strong communication with clients is essential for fostering trust and avoiding litigation. Partnering with credible real estate professionals can enhance these relationships.

Learn more about the benefits of working with a professional realtor who prioritizes quality and service.

Conclusion

The Bandklayder case highlights the importance of aligning legal and expert testimony with established legal standards, but it also underscores a broader need for quality representation throughout the homebuying process. Whether navigating construction defects or seeking to secure your dream home, partnering with experienced, credible professionals—like a knowledgeable realtor—can make all the difference.

Ready to work with someone who puts your interests first? Contact Melissa Johnson today to get started!

[1] Bandklayder Dev., LLC v. Sabga, No. 3D23-1906, 2025 WL 15275 (Fla. 3rd DCA Jan. 2, 2025).

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