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and Viking completed the work through another subcontractor. Star
filed a complaint seeking recovery on two counts; foreclosure ~
- of a mechanic's lien and quantum meruit.
The case was tried by the Court.resulting in a final
judgment in favor of Star for the full amount claimed but
denying the mechanic's lien. The trial court found that Star
had breached the contract in failing to perform within the pre-
scribed time but that no damages to Viking had occurred. The
Court denied foreclosure of the mechanic's lien based upon the ;
,
equitable theory of "unclean hands" as applied against SCar. ~
:
The Court entered judgment for the full amount claimed by Star t
under the breached contract but did so on the theory of quantum
meruit. Viking here appeals that judgment and Star cross
appeals denial of the mechanic's lien.
Since a contract is essential to any mechanic's lien,
we look first to the enforceability of the basic contractual
t
obligation. 22 Fla. Jur., Mechanic's Lien §19. The doctrine
~ of substantial performance prevails in this State and a con- ;
i
; tractor who substantially performs and is in good faith is
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~ entitled to enforce the contract even if performance has been
Q
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~ less than coraplete. Ocean Ridge Development Corp. v. Quality
~
R
~ Plastering. Inc. 247 So.2d 72 (Fla. 4th DCA 1971). Where a
~ contractor breaches a construction contract, the damages are
~ generally determined by the amount in excess of the contract '
reasonably
~ - price wh~.ch the owner kxpends to complete the project. Assuming
~
~ good faith substantial perforr.iance, recovery under the contract
~ -
~ should be diminished by this amount. Melnick v. Reynolds
~
~
y Metals, 230 So.2d 490 (Fla. 4th DCA 1970), Bryan v. Owsley
' Lumber Co. 201 So.2d 246 (Fla. lst DCA 1967). Where a con-
~ tractor complies with all provisions of Chapter 713, Florida
` Statutes, and has substantially performed the contract, he
~
~ ~
~ is entitled to a mechanic's lien. See Poranski v. Millings,
~ 32 So.2d 675 (Fla. 1955), and American Motor Inns of Florida,
~rs
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