Doral Country Club, Inc. v. Curcie Bros., Inc., 64-545
| Decision Date | 04 May 1965 |
| Docket Number | No. 64-545,64-545 |
| Parties | DORAL COUNTRY CLUB, INC., a Florida corporation, Carol Management Corp., a New York corporation, Alfred L. Kaskel, Herman Kaskel and Alvin I. Schragis, as Trustees of 4815 Collins Avenue Corp., a dissolved Florida corporation, Appellants, v. CURCIE BROTHERS, INC., a Florida corporation, Appellee. |
| Court | Florida District Court of Appeals |
Milton E. Grusmark, Miami Beach, for appellants.
Crouch, Ward & Ferris, Hallandale, for appellee.
Before TILLMAN PEARSON, CARROLL and HENDRY, JJ.
The appellant 4815 Collins Avenue Corp. entered into a written contract with the appellee Curcie Brothers, Inc. (hereinafter called Curcie) on February 20, 1961, for improvement of certain lands including the construction thereon of a 27-hole golf course. 1 The contract price was $315,000. There was an equipment rental schedule specifying hourly rates for types of equipment. Progress payments were to be made on the basis of the equipment used and paid for according to the rental schedule, with 20% hold back. Provision was made for changes or additional work based on written instructions or drawings, and for payment therefor at a certain price per yard for the excess materials thus required to be used.
The work proceeded to completion. There were extras and additions on matters within the contract and also on matters not within the purview of the contract, including addition of nine holes to the golf course. The total of the charges for all services, materials and labor, based on equipment rental schedule, according to Curcie's records was $1,053,232.15. Calculated on the same basis, appellants' records showed the total to be some $2,400 less, or $1,050,983.64. Appellants, who collectively will be referred to as Doral, paid the contractor $789,858.24. This suit by Curcie to foreclose a lien for the amount unpaid resulted in a decree for the plaintiff for judgment against the appellants and the surety on a bond which had replaced the lien. The judgment was for $261,125.41, which was the balance reflected by Doral's records, with interest thereon at the legal rate from January 21, 1962, plus a portion of the costs.
On this appeal taken by the defendants below it is contended (1) that Doral should be excused from paying charges for extras and additions because they were not provided for in writing, (2) that the evidence fails to support the findings, and (3) that the chancellor's decree was inconsistent with the findings. We have carefully considered these contentions in the light of the record and briefs and find them to be without merit.
Changes and additions were undertaken without compliance with the preliminary written request or drawings as provided for in the contract. There is ample evidence that such action was mutually acceptable and was agreed upon. Appellants contend, however, that the requirement for written consent to the additions could not be waived and the contract thus changed, by oral agreement. We reject that contention here. The subsequent course of dealing between the...
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In re Electric Machinery Enterprises, Inc.
...the parties" may establish a waiver of a requirement that modifications must be made in writing. Doral Country Club, Inc. v. Curcie Bros., Inc., 174 So.2d 749, 751 (Fla. 3d DCA 1965). The evidence clearly established that throughout the course of construction, HCC used an informal change or......
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In re Electric Machinery Enterprises, Inc., Case No. 8:03-bk-l 1047-MGW (Bankr.M.D.Fla. 8/28/2009), Case No. 8:03-bk-l 1047-MGW.
...may establish a waiver of a requirement that modifications must be made in writing. Doral Country Club, Inc. v. Curcie Bros.. Inc., 174 So. 2d 749, 751 (Fla. 3d DCA 1965). The evidence clearly established that throughout the course of construction, HCC used an informal change order process ......
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Maryland Maintenance Service, Inc. v. Palmieri
...as a means of determining the interpretation that they themselves have placed upon the contract"); Doral Country Club, Inc. v. Curcie Brothers, Inc., 174 So.2d 749 (Fla. 3d DCA) (same), cert. denied, 180 So.2d 656 (Fla.1965); see also Restatement (Second) of Contracts §§ 219-223 (1979). Bot......
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County of Brevard v. Miorelli Engineering, Inc.
...American Engineering Co., v. Poncho's Construction Co., 387 So.2d 1052, 1053 (Fla. 5th DCA 1980); Doral Country Club, Inc. v. Curcie Bros., Inc., 174 So.2d 749, 750-51 (Fla. 3d DCA 1965). 5 In Florida, we have also held that equitable estoppel may be applied against the sovereign in limited......