United States Eleventh Circuit

In a contract dispute regarding repairs to an underwater reef, judgment for Plaintiff is affirmed in part, where the contract was terminated by operation of its severe weather provision due to a hurricane, but reversed in part, where damages should be determined according to what percentage of the project's value Plaintiff completed as compared to the value of the total project.

Appellate Information

• Decided 04/20/2009
• Published 04/20/2009

Judges

• FAY, Circuit Judge:, Before BARKETT and FAY, Circuit Judges, and TRAGER, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Scott Andrew Wagner, Moore & Co., P.A., Coral Gables, FL, for Hudson Marine Management Services, Inc., John D. Kimball, Blank Rome LLP, New York City, for Thomas Miller (Miami), Inc., Jack A. Greenbaum, Blank Rome, LLP, New York City, Andrew W. Anderson, Houck Anderson, P.A., Miami, FL, for Thomas Miller P&L, Ltd.