Florida Construction Law

If design documents contain a latent ambiguity or conflict, those documents are construed against the drafter.   See U.S. v. Seckinger , 397 U.S. 203 (1970). 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

L & H Construction Company, Inc., v. Circle Redmont, Inc., Case No. 5D-09-3450, filed February 4, 2011: Final judgment finding contractor in breach of its subcontract with stairs manufacturer was reversed. While appellate court agreed that the contract terms were ambiguous regarding subcontractor’s duty to perform installation of the stairs, and parole evidence of the parties’ intent was properly admitted, it found the trial court’s exclusion of evidence of what transpired after the dispute arose resulted in insufficient evidence to support the finding that the contractor had breached the contract. 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