Skaf v. Beydoun: FL Jury Finds Contractor Breached Contract
Table of Contents
Case Background
This civil lawsuit originated from a deeply troubled renovation project at the Playa del Sol Condominium in Fort Lauderdale. Susanne E. Skaf, acting as the Trustee of her Revocable Trust, initiated the action against Beydoun Construction, LLC, the contracting company responsible for the work. The Trust owned Unit 911, and Skaf sought to complete an extensive overhaul of the residential unit, which included demolition, framing, electrical and plumbing work, among other specific tasks like installing soundproofing, tiling, and addressing issues in the master and half bathrooms. The original contract price for the labor and materials totaled $110,000.00, which increased to $118,300.00 after $8,300.00 in change orders. Skaf contended that the contractor failed to fulfill its obligations, compelling her to pursue legal action to recover her losses.
Cause
The primary cause of the lawsuit involved the contractor’s failure to perform the agreed-upon renovation work in a proper and workmanlike manner. Skaf claimed that the construction company not only breached the contract by providing defective and incomplete work but also acted negligently in performing the services. A separate, serious allegation later emerged: Skaf claimed the contractor had filed a fraudulent construction lien against her property when a balance of $18,800.00 remained unpaid on the adjusted contract price.
Injury
The injuries Skaf claimed were entirely financial, rooted in the cost of repairing the allegedly defective construction and completing the work the contractor had left unfinished. Furthermore, the dispute escalated when the contractor filed a Claim of Lien against Unit 911 to secure payment of the outstanding balance, clouding the property’s title and forcing Skaf to incur additional legal expenses.
Damages Sought
Skaf sought to recover all financial losses she suffered as a result of the contractor's alleged failures and wrongful actions. These damages included the cost to fix the defective construction and complete the unit, as well as the fees and expenses she accrued in defending against the contractor's lien. The Complaint specified that the amount in controversy exceeded $30,000.00, exclusive of attorney's fees and costs.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Susanne E. Skaf, as Trustee of the Susanne E. Skaf Revocable Trust
Counsel for Plaintiff(s): Alexander O. Soto | Joseph David Garrity
Experts for Plaintiff(s): Edward Rega | Tom Jeffers
Defendant(s): Beydoun Construction, LLC | Playa Del Sol Association, Inc. | Malek Beydoun (an individual)
Counsel for Defendant(s): Mark J Labate | Kellie Caggiano | Mark Bogen | Peter G Deprimo | Veronica Doss | Gary Louis Brown | John Michael DeJager
Experts for Defendant(s): Zane Sadik | Richard Stogran
Key Arguments or Remarks by Counsel
The trial centered on who first defaulted on the renovation agreement and whether the quality of the work met required standards. Skaf's counsel contended that Beydoun Construction performed substandard work and failed to complete the project, which constituted a material breach. Defense counsel for Beydoun Construction vehemently denied these accusations. Their arguments pivoted on the assertion that Skaf had breached the contract first by failing to pay the final balance due, and that any alleged damages were entirely attributable to her own actions or failure to mitigate losses.
Claims
The Plaintiffs presented three distinct claims to the jury for consideration.
Breach of Contract against Beydoun Construction, LLC Skaf claimed that Beydoun Construction fundamentally failed to meet its contractual obligations by performing substandard work, failing to complete the project, and abandoning the job site. The contract, which detailed extensive renovation work from major structural elements like framing and ductwork to final touches like soundproofing and tiling remained unfulfilled, forcing Skaf to hire others to finish the project.
Negligence against Beydoun Construction, LLC Beyond the contractual duties, Skaf claimed that the contractor had a separate duty to exercise reasonable care in the performance of its work. She alleged that the company performed its construction activities in a negligent and deficient manner, which led to loss and damage in the unit.
Fraudulent Lien against Beydoun Construction, LLC Skaf further claimed that when Beydoun Construction filed a Claim of Lien on the property to secure payment of the outstanding $18,800.00, the company did so know the amount was invalid due to their own breach of contract, thus constituting a fraudulent lien.
Defense
Beydoun Construction filed a detailed Answer and presented several Affirmative Defenses to counter Skaf's claims. Their defense asserted that Skaf had breached the contract first by failing to tender the final payment, excusing any further performance by the contractor. They argued that Skaf's claims were legally invalid under doctrines such as the economic loss rule, which bars tort claims, like negligence, when the losses are purely economic and covered by contract law. The company also claimed that Skaf failed to mitigate her damages, thereby reducing any potential recovery she sought.
Beydoun Construction also filed a Counterclaim for Breach of Contract against Skaf, arguing that they had substantially performed their duties under the contract and that Skaf’s refusal to pay the remaining $18,800.00 constituted a breach. The company sought to recover the unpaid balance plus attorney’s fees.
Jury Verdict
The jury in the Seventeenth Judicial Circuit in and for Broward County, Florida, returned its verdict on July 30, 2025, largely siding with the Plaintiff, Susanne E. Skaf, but rejecting her claim for a fraudulent lien.
Verdict on Plaintiff's Claims
Breach of Contract: The jury found that Defendant, Beydoun Construction, LLC, did breach its contract with the Plaintiff.
Negligence: The jury also found that there was negligence on the part of Beydoun Construction, LLC, which was a legal cause of loss, injury, or damage to Skaf.
Fraudulent Lien: The jury found that Beydoun Construction, LLC did not file a fraudulent lien against the Plaintiff's property.
Total Damages: The jury awarded $38,407.00 for damages resulting from the breach of contract, and $0.00 for damages resulting from negligence or the fraudulent lien claim. The total amount awarded to Susanne E. Skaf, as Trustee, was $38,407.00.
Verdict on Defendant's Counterclaim
Breach of Contract by Plaintiff: The jury found that the Plaintiff, Susanne E. Skaf, did not breach the contract with Beydoun Construction, LLC.
The jury foreperson signed the verdict form on the 30th day of July 2025, confirming the contractor's liability in the renovation dispute.
Court documents are available upon request at jurimatic@exlitem.com