Florida Construction Law

Vila & Son Landscaping Corporation v. Posen Construction, Inc., 37 Fla. L. Weekly D2228c, Case No. 2D10-5582, filed September 19, 2012. Construction contract was between Posen Construction and Florida Department of Transportation, which approved contractor’s subcontract for landscaping containing a “termination for convenience” provision. Contractor terminated subcontract based on obtaining a lower price, and subcontractor sued for breach based on such basis constituting “bad faith. Jury awarded damages to subcontractor for lost profits, which contractor moved to set aside notwithstanding the verdict as to both liability and damages. The trial court ordered a new trial, which neither party requested and both parties opposed. The trial court’s order for a new trial was reversed, and the case remanded for entry of a judgment in favor of contractor, based on a finding that the contract was rightfully terminated since contractor did not act in bad faith by exercising this contract r...

In Anderson Columbia Co., Inc. v. FDOT , 744 So.2d 1206 (Fla. 1st DCA 1999), a contractor could not use an attorney's fees provision in a FDOT contract because the fees provision was for the benefit of FDOT and was limited to "ascertaining and collecting losses under the bond" and contractor's action was not on the bond. Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com