Austin Building Co. v. Rago, Ltd.

CORTIÑAS, J.

I. Factual Background

Austin Commercial, L.P. (“ACLP”) and Merrick Trust, LLC (the “Owner”) entered into a contract (the “Prime Contract”) for the construction of a mixed-use commercial and luxury residential condo minium in Coral Gables, Florida (the “Project”). At the time the Prime Contract was executed on March 29, 2005, ACLP was qualified under section 489.119(2), Florida Statutes, to perform construction. The Prime Contract specifically provided that once ACLP’s affiliate, Austin Building Company (“ABC”), obtained state licensing, the Prime Contract and all related documents…