Hillsborough County v. Pal Mere, Inc.

The controlling question in this case is whether or not the Board of County Commissioners, after default by a contractor with the county, for the paving of highways, had the right to waive such default and relieve the contractor from liability for demurrage charges agreed on as liquidated damages for not completing the Work on time.

The contracts in this case were absolute and unconditional. They provided that the work’ should ■ be completed for final acceptance on or before December 31st, 1925. The work was not completed until about January 1st, 1927. Each agreement contained a clause which…