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Court Needs To Keep Different Contract Defenses Separate

Monday, May 04, 2009 05:29 pm

Court Needs To Keep Different Contract Defenses Separate Damages CCAventura, Inc. v. The Weitz Company, LLC U.S.District Court for the Southern District of Florida 2009 U.S.Dist.Lexis 10119(Jan.30, 2009)

Don't assume that if a general contractor argues one interpretation of a contract in a suit against the project owner that the general contractor is bound by that same interpretation against a subcontractor.

CCAventura, Inc. and Classic Residence by Hyatt (together, Aventura)own and operate a senior living community in Aventura, Florida.When Aventura built the project, it contracted with The Weitz Company, LLC (Weitz), who in turn subcontracted with Concrete & Lumber Enterprises Corporation (C & L)to perform certain concrete services.After the project was completed, Aventura sued Weitz, alleging construction defects that caused mold and leaking [...]

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