11th Circ. Lets Progress Off Hook In $40M Contract Suit

Law360, New York (February 12, 2010, 3:34 PM EST) -- A federal appeals court has affirmed the dismissal of a breach of contract suit brought against Progress Energy Florida Inc. by S&B Engineers and Constructors, which claimed the utility owed it more than $40 million because hurricane damage drove up the construction costs for two power plants.

The U.S. Court of Appeals for the Eleventh Circuit handed Progress Energy further vindication Thursday, finding that a district court correctly dismissed S&B’s breach of contract claims as the contract was a fixed-price contract.

Under a fixed-price contract, any...
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