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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT JANUAP.Y T~:R.M 1979
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NOT FINAL UNTIL TI~tE EXPtRES
VIKING COMMiINITIES CORP. , now known ) TO FILE REHEARING PETITION
as COMMUNITIES FINANCIAL CORPORATION, pNp~ 1F FtLED. DISP06EDOF.
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Appellant,
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v. CASE N0. 77-1569
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PEELER CONSTRUCTION C0. and STAR
CONSTRUCTION C0. OF FT. PEIRCE, )
INC. .
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Appellees.
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Opinion filed.. FE~RUARY 21, 1979
Appeal from the Circuit Court for St. Lucie
County; Dwight L. Geiger, Judge.
Leonard Jaffe~ Miami, and Gerald Mager, of
Abrams, Anton~ Robbins~ Resnick, Schneider
& Mager; Hollywood, for appellant.
Devitt J. Adams, Fort Pierce, for appellee,
Star Construction Co. of Ft. Pierce; Inc.
BERANEK, J. •
; Viking Communities, plaintiff below, here appeals
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~ a final judgment entered in favor of Star Construction on
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= a counterclaim in a third-party action.
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~ Star Construction cofltracted with Viking to
~ perform certain excavations on Viking's construction project.
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~ Payment~was based on a unit price for the volume of material
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~ excavated. The contract estimated the volume of excavation
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~ and established a dollar amount which was not to be exceeded.
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~ The contract also provided for progress payments from Viking
~ to Star. Work commenced and problems arose. The subsequent
~ events are disputed, but several facts are apparent. The
estimated volume of excavation was too low. Star fell behind
s schedule in cor.ipleting the project and Viking withheld a
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~ progress ~;ayrnent. Star eventually ceased work altogether
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~ , o R 3p5 ;a~~ 206
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