Champagne webber construction6/21/2023 ![]() In a motion for partial summary judgment, the County argued that the extra work claim was barred by the doctrine of sovereign immunity because the extra work was outside the terms of the express contract and no written change orders, as required by the contract, had been issued authorizing the extra work. MEI sued the County, asserting a variety of claims including a breach of contract claim seeking damages for extra work it had done on the facility which was beyond that described in the contract. The County terminated the contract and withheld amounts due under the contract. Subsequently, a dispute arose between the County and MEI. ("MEI") contracted with Brevard County ("County") to design and build a spring training facility for the Florida Marlins. On January 5, 1993, Miorelli Engineering Inc. 5th DCA 1996), which expressly and directly conflicts with Southern Roadbuilders, Inc. An unscrupulous or careless government employee could alter or waive the terms of the written agreement, thereby leaving the sovereign with potentially unlimited liability,” the court said. that there first be an express written contract before there can be a waiver of sovereign immunity would be an empty one. The justices declined to apply waiver or estoppel. The court rejected the contractor’s argument that the county waived the written change order requirement when it directed work changes without formal written directives. Without a written change order, the court held, sovereign immunity precludes recovery of the cost of the extra work. After a dispute arose, the county terminated the contract, and the company sought damages for extra work it had done beyond the requirements of the contract. The court ruled against a contractor hired by Brevard County to build a spring training facility for the Florida Marlins baseball team. The court refused to hold that the doctrines of waiver and estoppel can be applied to the sovereign to defeat the express terms of a contract. ![]() The doctrine of sovereign immunity precludes a contractor from recovering the cost of extra work it performed where its contract with a governmental entity did not expressly call for the extra work, the Florida Supreme Court said. ![]()
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