Shurly Contracting, Inc. v. Department of Transportation
Shurly Contracting, Inc. v. Department of Transportation
Opinion of the Court
Shurly Contracting, Inc. (Shurly) appeals an order of the Department of Transportation finding Shurly delinquent in completing a construction project and suspending its certificate of qualification for 220 days. We affirm the finding of delinquency, but remand for proper calculation of the number of days delinquent, the concomitant per diem liquidated damages, and the period of suspension.
Shurly was the successful bidder on a State project to install computer controlled traffice signals in Broward County. The contract allowed 70 days from November 23, 1983, to complete the project. The project engineer calculated that the contract time had expired on February 11, 1984, and the Department began charging $100 per diem liquidated damages as provided in the contract. On August 10, 1984, the Department conditionally accepted Shurly’s work subject to the correction of certain deficiencies. These Shurly failed to correct, so the Department recommenced the assessment of liquidated damages on November 13, 1984 until the repairs were completed December 21, 1984.
Shurly complained that due to errors in the plan, unseasonable weather, and traffic flow, it was not possible to finish the contract within 70 contract days. The project engineer for the Department of Transportation testified it was his opinion that there were seven rain days and nine trouble shooting days which should not be charged to Shurly.
The hearing officer determined that Shurly was delinquent pursuant to section 337.16(1), Florida Statutes (1983) and recommended Shurly be suspended for a period of 220 days, the number of days Shurly was determined to be delinquent.
AFFIRMED in part and REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.