SKS Prevails on Partial Summary Judgment for Developer

SKS Legal Group Attorneys, Jordan C. Kay and Jessica L. Franklin, along with co-counsel, Jeremy C. Daniels, of Daniels Rodriguez Berkeley Daniels & Cruz, obtained a Partial Summary Judgment in Miami-Dade County’s Complex Litigation Division for a Developer in an action against a General Contractor surrounding a dispute that arose during the construction of a Condominium Project prior to the termination of the General Contractor. Based upon the express language of the Contract entered into by the Developer and General Contractor, the Court found that the General Contractor committed a material breach of the Contract by failing to comply with the Contract’s “Continuing Performance” provision where it wrongfully conditioned its continued performance on the Developer’s agreement to a disputed Change Order Request that sought an extension of time and additional compensation. The Court found that the “Continuing Performance” provision was unambiguous and binding on the Parties such that in the event of any pending bonafide dispute, the Parties were contractually obligated to continue to perform services required by the Contract until the contractual dispute resolution process was exhausted.