HomeMy WebLinkAbout0209 Inc. v. Bell Electric~ 260 So.2d 276 (Fla. 4th DCA 1972).
Here, the trial court found a breach by the con-
tractor. Star, but no-damages to the owner. Nevertheless
the mechanic's lien was denied because the court characterized
Star as having "unclean hands." The judgment makes no mention
of substantial performance but the record indicates Star did
substantially perform and a technical breach without damage
is certainly consistent with substantial performance. A
technical breach of contract alone may or may not result in
unclean hands but under the circumstances here presented it
should not have been the basis for denying the mechanic's lien.
The Court erred in failing to grant to Star a mechanic's
lien.
, ~ The final judgment granting full damages under the
breached contract on a quantum meruit theory is the subject
of Viking`s appeal. If the contractor is entitled to prevail
; .
i on the mechanic's lien aspect of the case, he is not also
; entitled to a.full contract price recovery on the quantum _
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~ meruit theory. We are, therefore, convinced that the Court
~ misconceived the effect of the evidence and the judgment
f . .
based on quantum meruit is also reversed. The matter is
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~ remanded for further proceedings consistent with this opinion.
REVERSED At1D REMANDED.
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~ DOt7NEY, C. J., and LETTS~ J., concur .
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