Viterra Energy Services, Inc. v. Gateway GP Sawgrass Mills, Inc.

This appeal arises from a final judgment against Viterra, following a jury trial. The dispute involves a breach of contract action in which Gateway, the owner of a 400-unit apartment project, alleged that Viterra installed a water sub-metering system which did not function properly resulting in the under-billing of residents for their water use. The underlying contract was documented, at least in part, by two separate Purchase Order Agreements, which pertain to the installation of an integrated sub-metering system, and a Reading/Bill*1209ing Agreement, which is a lengthy formal document that makes…