PACIFIC NATIONAL EQUITY COMPANY, A CALIFORNIA LIMITED PARTNERSHIP, APPELLANT,
v.
JAMES M. MONTGOMERY, CONSULTING ENGINEERS, INC., A CALIFORNIA CORPORATION, AND RALPH TORELLO, APPELLEES
PACIFIC NATIONAL EQUITY COMPANY, A CALIFORNIA LIMITED PARTNERSHIP, APPELLANT,
JAMES M. MONTGOMERY, CONSULTING ENGINEERS, INC., A CALIFORNIA CORPORATION, AND RALPH TORELLO, APPELLEES
367 So. 2d 729
Florida District Court of Appeal, Fourth District (1979)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
This cause is affirmed with the exception of the award of $809.99 described as “job connected expenses.”
The contract between the parties provided for payment by one of two methods:
(1) Cost, plus 125%, plus job connected expenses or, if less
(2) $15,000.00 total.
The trial court in this case found the second method to be applicable and with this we have no quarrel. However, the lower court also included $809.99 of job related expenses. This was error. The cause is remanded with direction to the trial court to modify the final judgment by eliminating the award of $809.99 for job connected expenses and as so modified the final judgment is affirmed.
AFFIRMED AS MODIFIED.
DOWNEY, C. J., and DAUKSCH and LETTS, JJ., concur.
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Peoples GAS Sys., Inc. v. RSH Constructors, Inc., 563 So. 2d 107 (Fla. 1st DCA 1990)…aximum Cost is $2,025,-900.00, Contractor’s fee is $162,100. Total Guaranteed Maximum Cost plus fee.$2,188,000. Consideration by payment of a percentage of a defined amount is valid under Florida law. See e.g. Pacific Nat. Equity Co. v. Montgomery, 367 So. 2d 729 (Fla. 4th DCA 1979); MacIntyre v. Green’s Pool Service, Inc., 347 So. 2d 1081 (Fla. 3d DCA 1977). The “specific consideration” required by section 725.06(2) need not be a dollar amount. In a fourth district case interpreting 725.06(2), Westinghouse…