[CLC-Discussion] "Just Cause" for Abandonment

Mon Sep 14 14:07:38 PDT 2015

Below are some of the construction law jury instructions that the Committee drafted last year.  These have cases about the owners obligation to provide access to the site and cooperate.  Just cause is a factual determination.  Abandonment has some very serious license considerations and can be the basis for the DBPR to take the license.  If the owner is actively interfering with the work, you will have to get pretty egregious acts for the tide to swing in favor of the contractor – it would also depend on the provisions of the contract – i.e. are the owner interference clauses, was the owner placed on notice of the interference – is there a cure period, etc.

3.    [§17.12]    To Act In Good Faith And To Cooperate
In every contract, there is an implied agreement that the parties will perform in good faith and deal fairly with each other.
If you find by the greater weight of the evidence that one party has actively interfered with or hindered the performance of work, or made performance of the work more expensive or difficult, that party has breached the implied duty of good faith and you should award damages in the manner in which I will instruct you.
Authorities:    Walker v. Chancey, 96 Fla. 82, 117 So. 705 (1928); Speedway SuperAmerica, LLC v. Tropic Enterprises, Inc., 966 So.2d 1 (Fla. 2d DCA 2007); Triple R Paving, Inc. v. Broward County, 774 So.2d 50 (Fla. 4th DCA 2001); Newberry Square Development Corp. v. Southern Landmark, Inc., 578 So.2d 750 (Fla. 1st DCA 1991); Champagne-Webber, Inc. v. City of Fort Lauderdale, 519 So.2d 696 (Fla. 4th DCA 1988); Casale v. Carrigan & Boland, Inc., 288 So.2d 299 (Fla. 4th DCA 1974).

4.    [§17.13]    To Provide Access To Site
(Name of party) has an implied duty to furnish (name of party) access to the project site for performance of work.
You must determine whether (name of party) breached this duty by causing or permitting unreasonable obstructions or hindrances that required (name of party) to perform the work in a disorderly and inefficient manner.
If you find that (name of party) has breached this duty, your verdict must be for (name of party) and you must award damages in the manner in which I will instruct you.
However, if you find that a breach of this duty did not occur, your verdict must be for (name of party) and you may not award any damages to (name of party) on this claim.
Authorities:    Guerini Stone Co. v. P.J. Carlin Construction Co., 248 U.S. 334, 39 S.Ct. 102, 63 L.Ed. 275 (1919); Concrete Specialties v. H. C. Smith Construction Co., 423 F.2d 670 (10th Cir. 1970); Great Lakes Construction Co. v. Republic Creosoting Co., 139 F.2d 456 (8th Cir. 1943).

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Christopher M. Cobb, Esq.
Board Certified in Construction Law
Jimerson & Cobb, P.A.
Business Litigation | Construction Law | Banking Law | Creditor’s Rights & AR Collection | Community Associations

Telephone: (904) 389-0050 | Facsimile: (904) 212-1269
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From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Marika C. Sevin
Sent: Monday, September 14, 2015 4:44 PM
To: clc-discussion at lists.flabarrpptl.org
Subject: [CLC-Discussion] "Just Cause" for Abandonment

Can anyone suggest a good resource or case discussing “just cause” for a contractor to abandon a project. Specifically in a scenario involving owner interference and/or owner limiting or preventing contractor’s access to the jobsite.

Thanks in advance,

Marika

Marika C. Sevin, Esq.
Quintairos, Prieto, Wood & Boyer, P.A.
Attorneys at Law
One Independent Drive, Suite 2902
Jacksonville, Florida 32202
Telephone: (904) 271-4030
Facsimile:  (904) 354-5501

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