Grace & Naeem Uddin, Inc. v. Miami-Dade County
A contractor sued Miami-Dade County for breach of contract after an Office of the Mayor designee upheld the County's for-cause termination under the contract's Article 11 dispute-resolution process. The trial court dismissed for failure to exhaust because GNU had not sought review of the designee's non-binding decision in the circuit court's appellate division. The Third DCA reversed, holding the 'wishes'/'may' language of the protest provision was permissive, and any ambiguity was construed against the County as drafter.
Key facts
- Grace & Naeem Uddin, Inc., a contractor, sued Miami-Dade County for breach of contract after the County terminated the contract for cause.
- The County's Office of the Mayor designee upheld the for-cause termination through the contract's Article 11 dispute-resolution process.
- +2 more key facts with a free trial
Why it matters
Useful for public-works and government contractors facing arguments that contractual administrative dispute-resolution steps bar a breach of contract suit: permissive 'may'/'wishes' language does not create a condition… — full analysis with a trial
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