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WEST CONST., INC. v. FLORIDA BLACKTOP, INC.

No. 4D11-408.

88 So.3d 301 (2012)

WEST CONSTRUCTION, INC., Appellant, v. FLORIDA BLACKTOP, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 13, 2012.

Attorney(s) appearing for the Case

Larry A. Klein of Holland & Knight LLP, West Palm Beach, and Allen R. Tomlinson of Jones, Foster, Johnston & Stubbs, P.A., West Palm Beach, for appellant.

Joseph W. Lawrence, II of Vezina, Lawrence & Piscitelli, P.A., Fort Lauderdale, for appellee.

Francisco Touron, III of Touron Law, Miami, and Eric B. Travers of Kegler, Brown, Hill & Ritter, LPA, Columbus, Ohio, for Amicus Curiae American Subcontractors Association, Inc.

GROSS, J.

In this case between a subcontractor and a general contractor, we reverse a final judgment for the subcontractor because the parties' dealings did not give rise to an enforceable contract.

Florida Blacktop, Inc., an asphalt paving subcontractor, sued West Construction, Inc., a general contractor. The essence of Blacktop's complaint was that, even though West used its bid to secure a project contract with the Village of Royal Palm Beach, West contracted...

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