City of Sunrise v. Inman, Inc.

The protagonists are the City and a contractor. They entered into an agreement for the construction of four pumping stations, “Main,” “B”, “D” and “School.” They specifically agreed:

“The owner reserves the right to order the contractor to install necessary sheeting and bracing at the contractor’s expense, if in the Engineer’s opinion sufficient and proper bracing has not been provided . . . where the neat construction lines of structure and appurtenances are in close proximity to existing structures, such as bulkheads, payments, curbs and gutter, existing utilities or limited by the location…