United States Eleventh Circuit

A pay-when-paid clause in a contract between an environmental clean-up company and a city is not enforceable under CERCLA to bar the clean-up company from recovering under that statute any money owed it by the city for which the city has not been paid by the Florida Department of Environmental Regulation.

Appellate Information

• Decided 03/01/2002
• Published 03/01/2002

Judges

• CARNES, Circuit Judge:, Before CARNES, BARKETT and KRAVITCH, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Earl G. Gallop,Nagin, Gallop & Figueredo, P.A., Miami, FL, Ridgway M. Hall, Jr., Crowell & Moring, Washington, DC, for City of North Miami., Evan M. Goldenberg, Kirk L. Burns, White & Case, LLP, Miami, FL, for Blasland, Bouck & Lee.