Dynamic Cablevision of Florida Inc. v. Palmetto 114 Associates

The appellant and Palmetto Associates entered into a contract for the purchase of sale of certain real estate. The contract provided that Palmetto, at its expense, would “fill and demuck” the property, and would secure a certified soil engineer report as to compliance with this provision. Wingerter Laboratories, Inc. was employed as the certified soil engineer. They rendered a report prior to its due date which had a clause which reads as follows:

“In our professional opinion, the test boring program and resulting subsurface data represent a less than prudent level of investigation for design…