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MARTIN COUNTY v. POLIVKA PAVING, INC.

No. 4D08-3701.

44 So.3d 126 (2010)

MARTIN COUNTY, Florida, Appellant, v. POLIVKA PAVING, INC., d/b/a Polivka Surface Engineering, Ltd., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 28, 2010.

Attorney(s) appearing for the Case

Stephen Fry , County Attorney, and David A. Acton , Assistant County Attorney, Stuart, for appellants.

Joseph W. Lawrence, II , Mike Piscitelli , and Diane J. Zelmer , of Vezina, Lawrence & Piscitelli, P.A., Fort Lauderdale, for appellee.

GERBER, J.

In this appeal, we maintain our previous holdings that a contractor seeking entitlement to recover home office overhead damages from the government must prove that a government-imposed delay required the contractor to indefinitely stand by to the point that the contractor was effectively suspended and unable to take on additional work. Here, because the contractor's evidence at trial showed that it could not meet...

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