SOUTHERN ROADBUILDERS, INC. APPELLANT,
v.
LEE COUNTY, FLORIDA, APPELLEE

Fla. 2d DCA | 1986-07-11
No. 85-2554
SCHEB, A.C.J., and FRANK, J., concur.
495 So. 2d 189 Florida District Court of Appeal, Second District (1986) Negative Treatment
Cited by 27 cases

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Holding

The court held that sovereign immunity bars contract claims against a governmental entity unless they are founded on an express written contract, and the appellant failed to establish a breach of such a contract.


Headnotes

[1] A governmental entity can incur contractual liability only on statutorily authorized agreements of an express written nature.

[2] Sovereign immunity bars recovery for claims not founded on an express written contract with a governmental entity.

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Facts & Procedural History

Southern Roadbuilders, Inc. contracted with Lee County to build airport infrastructure. After incurring significant additional costs due to revised pl…

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Opinion of the Court
HALL, Judge.

HALL, Judge.

Southern Roadbuilders, Inc., appeals the trial court’s application of sovereign immunity to bar its action in contract against Lee County. We affirm.

The facts are essentially undisputed by either party and involve a 5.2 million dollar written contract for appellant’s construction of air carrier aprons, fueling systems, airfield lighting, and service roads for the Southwest Florida Regional Airport in Lee County.

This contract stipulated completion of the job within one hundred and fifty-eight days. Appellant was forty-eight days into its endeavor when appellee revised the plans for underground drainage, i.e., the drain system’s inlet structures. Appellant claimed it incurred $840,729.20 in additional costs in complying with appellee’s revision within the time deadline. Appellant failed to advise the county of the additional costs prior to construction, and in fact, no claims for the additional work were submitted until almost three months after all work on the contract had been completed. Although the record contains evidence of unsigned change orders documenting this additional expense, the original contract does not provide for such additional expense and the record is devoid of any other properly executed, written instruments which would incorporate the terms of these additional expenses into the original contract.

In its amended complaint appellant proposed three bases of recovery: Count 1, breach of contract; Count 2, quantum me-ruit; and Count 3, job specifications. The trial court, applying the case of Pan Am Tobacco Corp. v. Department of Corrections, 471 So. 2d 4 (Fla.1984), dismissed all three counts and held that sovereign immunity barred recovery as to each count. Appellant raises the dismissal of each count as its three points on appeal and contends that sovereign immunity does not bar recovery on the three counts and, further, that Pan Am Tobacco Corp. v. Department of Corrections does not justify a dismissal of each count. As points two and three prove to be respectively repetitive and meritless, we confine our discussion and holding to the first and dispositive issue on appeal — whether there occurred an allowable action for breach of contract.

The parties offer varying legal characterizations of the facts. Appellant urges a finding that appellee in its vacillation on plans for the underground drainage breached an implied contractual duty of reasonable cooperation and payment of additional costs. Appellee contends that appellant in effect seeks a finding and enforcement of a new and separate oral contract regarding the payment of these expenses.

In its dismissal of appellant’s amended complaint, the trial court deemed the claims not founded on an express written contract and accordingly barred under Pan-Am Tobacco Corp. v. Department of Corrections. We agree.

Pan Am Tobacco Corp. v. Department of Corrections established that a governmental entity can incur contractual liability on statutorily authorized agreements of an express written nature. This decision accepted legislative intent as a possible restriction on the traditional defense of sovereign immunity.1

'Appellee was plainly empowered to contract by sections 125.01 and 332.08(5), Florida Statutes (1981). However, appellant has not established in the instant action that a breach of the written and binding instrument occurred.

The additional costs claimed by appellant were neither addressed in the original contract nor in any subsequent legally operative instrument. Of particular significance to this fact is the presence of job specifica tion GP 50-16. This specification provided procedural instructions to be followed by appellant in order to change the terms of the written contract. Appellant totally ignored these procedural instructions and failed to secure any properly executed written instrument approving changes in the contract.

We are not persuaded that a breach of the written contract occurred and affirm the trial court’s application of sovereign immunity in denying appellant’s action.

SCHEB, A.C.J., and FRANK, J., concur. . Sovereign immunity is a doctrine designed to protect the public treasury from what would otherwise be countless claims filed by the vast number of citizens affected by the actions of a government. Though it germinated in the monarchical maxim, "The King Can Do No Wrong," Prosser, Law of Torts 971 (4th ed. 1971) — an odious concept by modem standards — sovereign immunity, at least to the extent retained by the legislature and courts, is a positively necessary and rational safeguard of taxpayers’ money.


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Citator

Cited By (15 total)

  • Cnty. OF Brevard v. Miorelli Eng'g, Inc., 703 So. 2d 1049 (Fla. 1997)
    …GRIMES, Justice. We have for review County of Brevard v. Miorelli Engineering, Inc., 677 So. 2d 32 (Fla. 5th DCA 1996), which expressly and directly conflicts with Southern Roadbuild-ers, Inc. v. Lee County, 495 So. 2d 189 (Fla. 2d DCA 1986). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. On January 5, 1993, Miorelli Engineering Inc. (“MEI”) contracted with Brevard County (“County”) to design and build a spring training facility for the Florida Marlins. MEI beg…
  • City OF Gainesville v. State, 778 So. 2d 519 (Fla. 1st DCA 2001)
    …e ... liability for payment for utility services is based on usual contract law.”). But this overlooks “an applicable and valid statute” making utility users responsible for utility fees.5 See also Southern Road- [*529] builders, Inc. v. Lee County, 495 So. 2d 189, 190 n. 1 (Fla. 2d DCA 1986) (“Sovereign immunity is a doctrine designed to protect the public treasury from what would otherwise be countless claims filed by the vast number of citizens affected by the actions of a government.” (Emphasis supplied.)…
  • …ritten contract between the parties, determined appellants’ claims were barred by the defense of sovereign immunity under Pan-Am Tobacco Corporation v. Department of Corrections, 471 So. 2d 4 (Fla.1984) and Southern Roadbuilders, Inc. v. Lee County, 495 So. 2d 189 (Fla.2d DCA 1986), rev. denied, 504 So. 2d 768 (Fla. 1987). We reverse. Appellants, as joint venturers, entered into a written contract with appellee to construct a bridge. There is no issue concerning appellee’s statutory authority to so contract.…

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