Muck I

Developer had muck on the project site removed and replaced with clean fill.  The contract between Developer and Contractor "assumed" that the lot was buildable.

It wasn't.

The appellate court agreed with the trial court, holding that the subsurface conditions rendered the construction contract voidable, based on the theory of mutual mistake.

Moral:  Sometimes its better just to walk away.  Native Homes, Inc. v. Stamm, 721 So.2d 809 (Fla. 5DCA 1998).

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