FRED McGILVRAY, INC. v. INTERN. BUILDERS

Nos. 76-490, 76-491.

354 So.2d 103 (1978)

FRED McGILVRAY, INC., Appellant, v. INTERNATIONAL BUILDERS OF FLORIDA, INC., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 8, 1978.


Attorney(s) appearing for the Case

Horton, Perse & Ginsberg, Donald M. Coon, Miami, for appellant.

Harry A. Payton, Miami, for appellee.

Paul & Thomson, Miami, for Air Conditioning Refrigeration, Heating and Piping Association, Inc., as amicus curiae.

Before PEARSON, HENDRY and HUBBART, JJ.


HUBBART, Judge.

This is an appeal from two final judgments which inter alia contain a declaratory decree interpreting the rights of the parties under a construction contract between a general contractor and a subcontractor on a school construction project. The decree was entered in favor of the general contractor; the subcontractor appeals.

The issue presented for review is whether a general contractor or a subcontractor must bear the risk of loss as...

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