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Article: When the king does wrong: failing to fulfill implied duties.
- Article from:
- Florida Bar Journal
- Article date:
- November 1, 2003
- Author:
CopyrightCOPYRIGHT 2003 Florida Bar. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Although the doctrine of sovereign immunity has long been with us, its application did not become prominent in construction litigation until the decision in Southern Roadbuilders v. Lee County, 495 So. 2d 189 (Fla. 2d DCA 1986), rev. denied, 504 So. 2d 798 (Fla. 1987), when the Second District Court of Appeal reviewed a contractor's claim for payment denied recovery and somberly announced: "The additional costs claimed ... were neither ... in the original contract nor any subsequent legally operative instrument."
On reflection, Florida construction lawyers should have anticipated this decision when, two years earlier, PanAm Tobacco Corp. v. Department of ...