Rosiek Construction Co. v. State, Department of Transportation
Rosiek Construction Co. v. State, Department of Transportation
Opinion of the Court
Appellant, Rosiek Construction Co., Inc. (Rosiek), the plaintiff in the circuit court action, challenges a final summary judgment in favor of the State of Florida, Department of Transportation (department), the defendant in the trial court. Rosiek’s breach of contract suit was based upon the department’s refusal to pay Rosiek $5.50 per square yard for removal of asphaltic concrete pavement pursuant to a provision in the contract relating to removal of existing pavement. The trial court found (1) as a matter of law,
Because we determine that the contract is ambiguous and there are genuine issues of material fact concerning the parties’ intent, we reverse and remand for further proceedings. Universal Underwriters Ins. Co. v. Steve Hull Chevrolet, Inc., 513 So.2d 218 (Fla. 1st DCA 1987).
Reference
- Full Case Name
- ROSIEK CONSTRUCTION CO., INC., a Michigan corporation v. STATE of Florida, DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida
- Cited By
- 1 case
- Status
- Published