Council of Unit Owners of Sea Colony East v. Carl M. Freeman Associates
Superior Court of Delaware
564 A.2d 357 (1989)
Relevant factsFree
The Council (plaintiff) sued Freeman (defendant) for defective construction of a condominium building built in 1975, and the two sides disputed the correct measure of damages before trial: the Council argued for the cost of repairing or replacing the defects, while Freeman argued for diminution-in-value or useful-life theories, contending that full repair would amount to a virtual demolition.
IssueFree
Whether the purpose of money damages is to place the injured party in as good of a position as if the contract had been performed.