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Developer discovered the project was sinking into muck, and the Contractor's insurer paid for repairs, in exchange for a release. A second Contractor, hired by the Developer, conducted the repairs. Sadly, the project continued to sink into the muck.
The Developer sued the first Contractor, who presented the release as a defense. The Developer sought to have the release rescinded, arguing that it was entitled to a jury trial on issues that might void the release, such as mutual mistake of fact. The appellate court disagreed, holding that the release was unambiguous on its face, and that the first Contractor was entitled to judgement as a matter of law.
Moral: Should have sued the second Contractor. Koch v. Pringle Development, Inc., 724 So.2d 655 (Fla. 5DCA 1999). |
