Florida Jury Verdict Reporter

St. Johns County

(40) ROBERT MAYER-FOREYT vs. ADCAP CONSTRUCTION, LLC d/b/a Kitchen and Bathroom Creations (Circuit Court of St. Johns County, 7th Judicial Circuit, Florida)

County/Docket #/Judge: St. Johns / 2018-CA-000470 / Howard M. Maltz

Plaintiff(s)/Counter-Defendant(s) Attorney(s): Peter A. Robertson and Victor T. Smith of The Robertson Firm, St. Augustine, FL

Defendant(s)/Counter Plaintiff(s) Attorney(s): Pamela M. M. Holcombe of Anastasia Law, PL, St. Augustine, FL; D. Brad Hughes of Cobb Gonzalez, Jacksonville, FL

Age/Sex/Occupation Of Defendant/Counter-Plaintiff: n/a

Cause Of Injury: Breach of Contract/Construction Contract/Single-Family Residence/Counterclaims. OOn March 12, 2019, plaintiff Robert Mayer-Foreyt filed an amended complaint for breach of contract against defendant ADCAP Construction, LLC, d/b/a Kitchen & Bathroom Creations. Plaintiff alleged that on Jan. 13, 2017, the parties entered into a contract for the construction of a single-family residence on plaintiff’s property, at a cost not to exceed $260,000. Plaintiff alleged that defendant consistently ran behind schedule, failed to pay certain subcontractors despite having been paid by plaintiffs, failed to perform its work in a workmanlike manner and in compliance with building codes, and failed to furnish all of the materials and perform all the work shown, ultimately requiring plaintiffs to retain a replacement contractor. Defendant filed counterclaims for breach of contract and for foreclosure of construction lien. It alleged that it had substantially performed its obligations under the contract but that plaintiff had failed to pay it for the work done and for additional work and had terminated it from the project without cause. Plaintiff’s claim was severed for trial from defendant’s counterclaims. Following trial on plaintiff’s claim, a jury returned a verdict in favor of defendant on April 22, 2023. The jury found that there was a valid contract but that defendant had not breached it by committing mismanagement or misconduct in the practice of contracting. The case then went to trial on the counterclaims.

Nature Of Injury: Economic loss.

Expert Witnesses: n/a

Verdict: For Plaintiff/Counter-Defendant on Sept. 13, 2023.

Judgment: Mixed on September 19, 2023.

Editor’s Note: The jury found that plaintiff/counter-defendant had not breached the parties’ contract. In its judgment, the court ordered that plaintiff/counter-defendant would take nothing on his claim against defendant/counter-plaintiff and that defendant/counter-plaintiff would take nothing on its counterclaims. The court also ordered the construction lien to be discharged. Defendant filed a notice of appeal on Oct. 18, 2023, after the court denied its motion to amend or alter final judgment and its motion for new trial.