Posts

Showing posts with the label jury

Construction of Contract is not Jury Issue

Construction contract interpretation is an issue for the courts to decide as a matter of law and is not an issue to be decided by a jury.  Peacock Const. Co., Inc. v. Modern Air Conditioning, Inc ., 353 So.2d 840 (Fla. 1977). 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

Suspension of Work Required for Eichleay Formula

In Martin County v. Polivka Paving, Inc., 44 So.3d 126 (Fla. 4th DCA 2010), the Court held that entitlement to home office overhead is not a jury issue and that a suspension of work is required to utilize the Eichleay formula to calculate home office overhead.   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