Legal Opinion

Martin County v. Polivka Paving, Inc.

District Court of Appeal of Florida

Decided May 12, 2010No. 4D08-3701PublishedCited by 7 opinions

1Opinion of the CourtGerber, J.

In this appeal, we maintain our previous holdings that a contractor seeking entitlement to recover home office overhead damages from the government must prove that a government-imposed delay required the contractor to indefinitely stand by to the point that the contractor was effective*128ly suspended and unable to take on additional work. Here, because the contractor’s evidence at trial showed that it could not meet the entitlement prerequisites, we reverse the award of home office overhead damages to the contractor.

To provide better context for our holding, this opinion first will review the…

Also in this document: Concurrence.

2Cases cited12 opinions

  1. Wickham Contracting Co., Inc. v. Dennis J. Fischer, Acting Administrator, General Services AdministrationCourt of Appeals for the Federal Circuit · 1994
  2. Togo D. West, Jr., Secretary of Veterans Affairs v. All State Boiler, Inc., All State Boiler, Inc. v. Togo D. West, Jr., Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1998
  3. Satellite Electric Company v. John H. Dalton, Secretary of the NavyCourt of Appeals for the Federal Circuit · 1997
  4. Bakerman v. the Bombay Co., Inc.Supreme Court of Florida · 2007
  5. Broward v. Russell, Inc.District Court of Appeal of Florida · 1991

7 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Miami-Dade County v. EghbalDistrict Court of Appeal of Florida · 2011
  2. Mohammad Salauddin v. Bank of America, N.A.District Court of Appeal of Florida · 2014
  3. Young v. Becker & Poliakoff, P.A.District Court of Appeal of Florida · 2012
  4. Henry v. HoelkeDistrict Court of Appeal of Florida · 2011
  5. MASTEC NORTH AMERICA, INC. and ROBERT W. DUMAS v. KATHLEEN MORAKIS, as Limited Guardian of etc.District Court of Appeal of Florida · 2019

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API