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IN TA$ CIRCUIT COURT OF TflS
_ NINBTESNT$ JUDICIAL CIRCUIT
IN AND FOR 3T. LUCI$ GUUNTY,
~ STATB OF FIARIDA .
, CAS$ NO, ??-254 CA ~
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AARON L. HTRTZ AS30CIATBS, P.A., * '
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Plafntiff, * -
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vs . *
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RICHARD G. 3T$BBINS, JACH H.
3COTT and wILLIAI[ A. COB,
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Defendants. * _
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FINAL JUDGI~ENT
T6is cause came on for non ~ury tria3 befere the Court
on 3eptember 8,~19?7 upon the Camglaint filed by Plain~tiff seeking
Declaratory Judgment. Defendants, who are architects, contracted -
witb the St. Lucie ~ounty 3chool Board to Zurnish full architectural
services for the construction of a.high school in Fort Pierce,
Florida at a!ee not to exceed ~168,000.00. This fee was predicated
upon a total construction budge~ of $4,200,000,00 of which the total
budget for the plumbing, mechanical, electrical and commuaications
phases (hereinafter called mechanical systems) was set at
$I,300,000.00. ~laintiff, a mechanical engineer, negotiated with
Defendants and agreed to perform the mechanical systems for the 3ob
as a sub-contractor Yor a fee of 3.5`~ of the mechanical systems
budgeted; i.e. 3,5~ x~1,300,000.00 =$45,500.00. Plainti~f w$s
fully aware of Defendants' contract with the 3t. Lucie County School
Boaxd and aware that Defendants' ~ull architectural fee was not to
exceed $168,000.00. The agreement between the-parties was exceedingly
vague as to ad3ustment of tees in the even~ there was an alteration
of the budget ior the high school, hence the preseat difficultfes
.between the parties. The $t. Lucie Countp 3ehool Board subsequently
chose a different and more expensive air conditioning system for the ~
school based upon a study made by Plaintiff. One phase of conatruction
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