Tampa Bay vs. Dunn

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Crockett vs. Tubbs Ken Shall 8/27/2011 Case Overview In this case we have a situation where the city of Tampa Bay has hired contractors Dunn to build a new stadium for the Tampa Bay Buccaneers. The stadium was supposed to be finished in time for the football pre-season. However, the stadium was not finished on time and was completed two months late. The city then decides to sue Dunn for financial damages. Conditions Often times, in contract law, conditions can be put into the contract that state items that must be satisfied in order for the contract to remain in force and or force the other party to honor their part of the contract. The type of condition that would apply to this case is a condition precedent, which is an act or event that, unless excused, must exist before a duty of immediate performance of promise arises. The basic issue here is that the stadium was to be completed in the time desired. Even with condition precedent, however, as a general rule if the provision is relatively insignificant, it would be not entitle the plaintiff to collect damages. The question that obviously arises is the determination of rather the failure to meet the condition was significant or insignificant. One way to judge this is to look at how much variation there was as compared to the entire project. For example if the contractor was building a house and was a week late, that would typically be deemed insignificant and no damages would be collected. There is however, a way to make a timeline condition even more stringent. This is done by putting in place what is called express conditions. This is where the contract designates a condition that absolutely must be strictly performed before the other party’s duty to perform arises. The parties can stipulate a condition that under normal circumstances would be considered a minor variance, as a significant

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