John Thurmond & Associates, Inc. v. Kennedy

We granted certiorari to determine whether proof of the property’s market value is a prerequisite to a recovery for breach of a construction contract or for negligent construction. The majority answers that question in the negative. I disagree and, therefore, respectfully dissent.

“There are three measures of damages applicable to injury to improved realty.” Link & Hertz, Ga. Law of Damages, § 27.2, p. 473 (2007). The general rule permits the plaintiff to recover the cost of restoration; when that cost is unreasonable considering the property’s pre-injury market value, recovery of the…