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AUSTIN BLDG. CO. v. RAGO, LTD.

Nos. 3D09-2430, 3D09-2481, 3D09-3238, 3D09-3244.

63 So.3d 31 (2011)

AUSTIN BUILDING COMPANY, Appellant, v. RAGO, LTD. and Federal Insurance Company, Appellees.

District Court of Appeal of Florida, Third District.

April 27, 2011.

Attorney(s) appearing for the Case

Peckar & Abramson and Neal I. Sklar , Seth I. Rubinson and Warren E. Friedman , Miami; White & Case and Raoul G. Cantero , Cristina A. Lumpkin and Kerri L. McNulty , Miami, for appellant.

Etcheverry Harrison and Guy W. Harrison and Edward Etcheverry , Ft. Lauderdale; Shumaker, Loop & Kendrick and Steven G. Schember and Duane A. Daiker , Tampa; Pogach & Trachtenberg and Adam D. Pogach , Texas; Ruden McClosky and John H. Pelzer , Fort Lauderdale, for appellees.

Before GERSTEN, CORTIÑAS, and LAGOA, JJ.

CORTIÑAS, J.

I. Factual Background

Austin Commercial, L.P. ("ACLP") and Merrick Trust, LLC (the "Owner") entered into a contract (the "Prime Contract") for the construction of a mixed-use commercial and luxury residential condominium in Coral Gables, Florida (the "Project"). At the time the Prime Contract was executed on March 29, 2005, ACLP was qualified under section 489.119(2), Florida Statutes, to...

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