(DOWNLOAD) "Town of Palm Beach v. Ryan Incorporated Eastern" by Florida Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: Town of Palm Beach v. Ryan Incorporated Eastern
- Author : Florida Court of Appeals
- Release Date : January 13, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
The Town of Palm Beach (the Town) appeals from a final judgment in favor of appellee, Ryan Incorporated Eastern, for damages in the amount of $310,476.00. The jury awarded the damages against the Town for breach of a construction contract. The Town contends the trial court should have granted its motion for a directed verdict on the grounds of sovereign immunity. We affirm. The Town and appellee entered into a contract for the construction of storm sewer, sanitary sewer, and water main pipes on Jungle Road, El Vedado Road, and Pelican Lane. The Town hired an outside engineer to design and prepare the specifications for the project. The Town prepared the bid documents, including the contract, the invitation to bid, instruction to bidders, and the general conditions governing the project. The bid documents required bidders, before submitting a bid, to visit the site to become familiar with the nature and extent of the work contemplated by the contract. A representative of appellee did a pre-bid inspection. However, it was not until after the contract was awarded that appellee's pipe division manager visited the site and noticed that the S curve on Pelican Lane appeared to be sharper than the plans provided. According to appellee's pipe manager, when his concerns were discussed at a pre-work meeting, the Town's project engineer responded that the design had been checked and that it was fine. The parties presented evidence concerning the type of pipe used for the project and the construction techniques required to accommodate the laying of the pipe as a result of the sharper curves on Pelican Lane.