THE ARTEC GROUP, INC., A FLORIDA CORPORATION, AND LOUIS SANCHEZ, APPELLANTS,
v.
CITY OF TAMPA, A MUNICIPAL CORPORATION, APPELLEE
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Artec Group and its principal Louis Sanchez appealed the dismissal of their complaint against the City of Tampa arising from a municipal construction contract dispute. The court affirmed dismissal of the civil rights counts but reversed the dismissal of the breach of contract count, finding that while the civil rights allegations lacked merit, the contractual claims warranted further pleading opportunity.
The court affirmed dismissal of counts two through four (civil rights claims) because no constitutionally protected right was alleged. The court reversed dismissal of count one (breach of contract) and remanded for Artec to file an amended pleading, finding that despite recent Florida Supreme Court precedent creating difficulties for such claims, Artec should have an opportunity to allege specific contract breaches.
[1] A civil rights claim cannot be based solely on a contractual dispute between a corporation and a municipality.
[2] A plaintiff must be given an opportunity to amend a pleading if the court cannot conclude at the pleading stage that the plaintiff is without a cause of action.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“This attempt to allege a civil rights violation, however, clouded the pleadings on the breach of contract issue, and probably caused the trial court to give inadequate attention to the basic cause of action.”
Establishes the court's reasoning for reversing the dismissal of the breach of contract count despite the weak civil rights allegations clouding the pleadings.
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Join FLexlaw to unlock all legal intelligenceArtec obtained a contract from the City of Tampa to relocate and renovate the City's cable communications offices (Project No. 6121). The project expe…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
The Artec Group, Inc. (Artec), and Louis Sanchez appeal the dismissal with prejudice of their second amended complaint against the City of Tampa. We affirm the dismissal of counts two through four, but reverse the dismissal of count one and remand for further proceedings in which Artec should be permitted to file an amended pleading.
After a controversy involving the adequacy of its bid, Artec obtained a contract from the City of Tampa to relocate and renovate the City’s cable communications offices. The project, identified as City Project No. 6121, suffered many difficulties and delays. Ultimately, Artec filed this lawsuit against the City for breach of contract. Mr. Sanchez is alleged to be the “principal” behind Artec. He maintains that the City treated his corporation unfairly because he is Hispanic. In counts two and three he attempts to transform the contractual dispute between the municipality and the corporation into a civil rights violation, and count four alleges missing documentation relating to counts two and three.
We conclude that the trial court correctly dismissed counts two through four with prejudice because Artec and Mr. Sanchez faded to allege any cause of action for violation of a constitutionally protected right. This attempt to allege a civil rights violation, however, clouded the pleadings on the breach of contract issue, and probably caused the trial court to give inadequate attention to the basic cause of action. For example, the order of dismissal purports, to rely on all forty-four of the arguments contained in the City’s motion to dismiss without further explaining its reasoning.
This court has allowed contractors to sue governmental bodies for delay damages under similar circumstances. See Southern Gulf Utils., Inc. v. Boca Ciega Sanitary Dist., 238 So. 2d 458 (Fla. 2d DCA 1970). The Florida Supreme Court’s recent decision in Brevard v. Miorelli, 22 Fla. L. Weekly S665, 703 So. 2d 1049 (Fla. Oct. 23, 1997), approving, Southern Roadbuilders, Inc. v. Lee County, 495 So. 2d 189 (Fla. 2d DCA 1986), may make it very difficult for Artec to allege a cause of action for breach of contract. Nevertheless, given the length of the contract and the complexity of the factual claims, we cannot conclude at this stage that Artec is without a cause of action. On remand, Artec should be given a final opportunity to allege specific breaches of the contract that resulted in damage. Affirmed in part, reversed in part, and remanded.
DANAHY,1 A.C.J., and ALTENBERND and WHATLEY, JJ., concur.
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Ajax Paving Indus., Inc. v. Charlotte Cnty., 752 So. 2d 143 (Fla. 2d DCA 2000)…s “caused by the knowing delay of the public authority which transcends mere lethargy or bureaucratic bungling.” Southern Gulf Utils., Inc. v. Boca Ciega Sanitary Dist., 238 So. 2d 458, 459 (Fla. 2d DCA 1970). See Artec Group, Inc. v. City of Tampa, 703 So. 2d 1133 (Fla. 2d DCA 1997). Ajax must be allowed to pursue this cause of action. Accordingly, the order granting summary judgment and the final order dismissing Ajax’s complaint must be reversed. Reversed and remanded for further proceedings. CAMPBELL, A…
Authorities Cited
- Cnty. OF Brevard v. Miorelli Eng'g, Inc., 703 So. 2d 1049 (Fla. 1997)
- S. Gulf Utils., Inc. v. Boca Ciega Sanitary Dist. & the Bd. of Cnty. Comm'rs of Pinellas Cnty., 238 So. 2d 458 (Fla. 2d DCA 1970)
- S. Roadbuilders, Inc. v. LEE Cnty., 495 So. 2d 189 (Fla. 2d DCA 1986)