Anderson Columbia Co. v. State, Department of Transportation

VAN NORTWICK, Judge.

Anderson Columbia Co., Inc., appeals a final summary judgment entered in its breach of contract action against the State of Florida Department of Transportation. We agree that summary judgment was appropriately entered on Anderson Columbia’s claim that it was entitled to recovery under the contract provision governing differing site *783conditions. However, we hold that summary judgment should have been granted with leave to amend, giving Anderson Columbia an opportunity to state a claim for recovery under the contract provisions relating to unforeseeable work. Accordingly, we…