WHITE CONST. CO. v. DEPT. OF TRANSP.

No. 88-1101.

535 So.2d 684 (1988)

WHITE CONSTRUCTION COMPANY, INC., Appellant, v. STATE OF Florida, Department OF TRANSPORTATION, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied January 23, 1989.


Attorney(s) appearing for the Case

Mary M. Piccard, Samantha Boge Cummings, and Joseph W. Lawrence, II, of Cummings, Lawrence & Vezina, P.A., Tallahassee, for appellant.

Maxine F. Ferguson and Thomas H. Bateman, III, Dept. of Transp., Tallahassee, for appellee.


WIGGINTON, Judge.

Appellant appeals a final order of the Department of Transportation (Department) finding appellant delinquent in its completion of a construction contract and, pursuant to section 337.16(1), suspending its certificate of qualification to bid on Department projects for four days. We reverse.

In order to establish an absolute defense to the Department's delinquency charge when the project was not completed timely, appellant had the burden,...

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