Public Health Trust of Dade County v. M.R. Harrison Construction Corp.

District Court of Appeal of Florida

Public Health Trust of Dade County v. M.R. Harrison Construction Corp.

454 So. 2d 659, 1984 Fla. App. LEXIS 13954

CourtDistrict Court of Appeal of Florida

DecidedJuly 24, 1984

DocketNo. 83-2476

StatusPublished

Cited by5 cases

This text of 454 So. 2d 659 (Public Health Trust of Dade County v. M.R. Harrison Construction Corp.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Public Health Trust of Dade County v. M.R. Harrison Construction Corp., 454 So. 2d 659, 1984 Fla. App. LEXIS 13954 (Fla. Ct. App. 1984).

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Opinion

PER CURIAM.

Following an earlier opinion in this cause reported in Public Health Trust of Dade County v. M.R. Harrison Construction Corporation, 415 So.2d 756 (Fla. 3d DCA 1982), the controversy proceeded to arbitration and resulted in an award which was confirmed by the circuit court. This appeal ensued.

The appellant urges basically three points for reversal of the confirmation of the award. First, that notwithstanding the contract provisions providing for arbitration, the doctrine of sovereign immunity prevented same; second, that even if the arbitration proceeding was valid, it was not timely invoked by the general contractor; and lastly, that the general contractor could not recover on behalf of the subcontractor. The first point has been answered adversely to the appellant by the recent Supreme Court opinion Pan-Am Tobacco Corporation v. Department of Corrections (Fla.1984), Case No. 63,215, opinion filed March 1, 1984, 9 FLW 73, Rev’g 425 So.2d 1167 (1st DCA 1983). The second point was specifically answered in the earlier opinion in this cause. Lastly, it is clear that a general contractor under a government contract can recover on behalf of subcontractors, United States v. Blair, 321 U.S. 730, 64 S.Ct. 820, 88 L.Ed. 1039 (1944); Owens-Corning Fiberglass Corporation v. United States, 419 F.2d 439 (Ct.Cl.1969); St. Paul Dredging Co. v. State, 259 Minn. 398, 107 N.W.2d 717 (1961); Buckley & Company, Inc. v. State, 140 N.J.Super. 289, 356 A.2d 56 (S.Ct.1975); Ardsley Construction Company, Inc. v. Port of New York Authority, 61 A.D.2d 953, 403 N.Y.S.2d 43 (1978), in fact, in many instances the subcontractors are prevented from bringing a direct action. See & Compare: United States v. Blair, supra; St. Paul Dredging Co. v. State, supra; Buckley & Company, Inc., v. State, supra.

Therefore for the reasons above stated, the order under review is affirmed.

Affirmed.

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PER CURIAM.

Following an earlier opinion in this cause reported in Public Health Trust of Dade County v. M.R. Harrison Construction Corporation, 415 So.2d 756 (Fla. 3d DCA 1982), the controversy proceeded to arbitration and resulted in an award which was confirmed by the circuit court. This appeal ensued.

The appellant urges basically three points for reversal of the confirmation of the award. First, that notwithstanding the contract provisions providing for arbitration, the doctrine of sovereign immunity prevented same; second, that even if the arbitration proceeding was valid, it was not timely invoked by the general contractor; and lastly, that the general contractor could not recover on behalf of the subcontractor. The first point has been answered adversely to the appellant by the recent Supreme Court opinion Pan-Am Tobacco Corporation v. Department of Corrections (Fla.1984), Case No. 63,215, opinion filed March 1, 1984, 9 FLW 73, Rev’g 425 So.2d 1167 (1st DCA 1983). The second point was specifically answered in the earlier opinion in this cause. Lastly, it is clear that a general contractor under a government contract can recover on behalf of subcontractors, United States v. Blair, 321 U.S. 730, 64 S.Ct. 820, 88 L.Ed. 1039 (1944); Owens-Corning Fiberglass Corporation v. United States, 419 F.2d 439 (Ct.Cl.1969); St. Paul Dredging Co. v. State, 259 Minn. 398, 107 N.W.2d 717 (1961); Buckley & Company, Inc. v. State, 140 N.J.Super. 289, 356 A.2d 56 (S.Ct.1975); Ardsley Construction Company, Inc. v. Port of New York Authority, 61 A.D.2d 953, 403 N.Y.S.2d 43 (1978), in fact, in many instances the subcontractors are prevented from bringing a direct action. See & Compare: United States v. Blair, supra; St. Paul Dredging Co. v. State, supra; Buckley & Company, Inc., v. State, supra.

Therefore for the reasons above stated, the order under review is affirmed.

Affirmed.

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454 So. 2d 659, 1984 Fla. App. LEXIS 13954, Counsel Stack Legal Research, https://law.counselstack.com/opinion/public-health-trust-of-dade-county-v-mr-harrison-construction-corp-fladistctapp-1984.

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