[Download] "Post, Buckley, Schuh & Jernigan, Inc. v. Monroe County" by Florida Court of Appeals # eBook PDF Kindle ePub Free

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eBook details

• Title: Post, Buckley, Schuh & Jernigan, Inc. v. Monroe County
• Author : Florida Court of Appeals
• Release Date : January 13, 2003
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

Post, Buckley, Schuh & Jernigan, Inc. (""PBS&J"") appeals a final order and judgment in favor of Monroe County in a breach of contract action. We reverse the jury award because it was not properly instructed on the duty PBS&J owed the county in providing an accurate estimate on the cost to complete a road project. The dispute between the parties arose because PBS&J over-estimated the cost to raise the level of Card Sound Road, which led the county to float a bond in excess of what was needed to complete the project. Part of the dispute centered on the fact that the parties entered into two contracts, one in 1981, and another in 1992. Although both contracts were general services agreements, they differed in important respects. In the 1992 agreement, the county acknowledged that PBS&J's costs of construction and operation would not necessarily be the same as the actual costs incurred by the county. PBS&J also agreed to indemnify the county for its losses and judgments and claims for property damage and for injury to death of persons brought or recovered against the county by reason of any negligent act, error, or omission of PBS&J's employees or subcontractors. The county also acknowledged in the 1992 agreement that the estimates of probable construction cost could not be guaranteed.

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