Couch Construction Co. ex rel. Kimmins Corp. v. Florida Department of Transportation

SMITH, Chief Judge.

Appellant, Couch Construction Company (Couch), appeals the summary judgment finding no issues of fact and that as a matter of law, the cause was barred by res judicata. We reverse.

Couch contracted with the appellee, Department of Transportation (DOT), to widen Dale Mabry Highway in Tampa, Florida. Among other things, the contract provided that DOT was to relocate water and sewer utilities at the project site. Couch subcontracted with Kimmins to lay a drainage system in the improved area. This contract also provided that Couch would present on Kimmins’ behalf any claims it…