LAW OFFICE OF ROBERT K. LINCOLN, P.A.

Land Use and Local Government Law and Litigation

The Law Office of Robert K. Lincoln, P.A.  provides legal services to private and public entities involved in complex land use disputes.  Hiring an attorney is an important decision that should not be based solely upon advertisements.  Before you decide, ask and I will provide free information about my experience and qualifications. 

Fla Supremes: State Agencies Can't Hide from Contract Liability

In Dep't of Envt'l Prot. v. ContractPoint, the Florida Supreme Court held that where an agency is found to have breached a contract, it may not hide behind a statutory provision requiring legislative authorization to pay the judgment.

As the Court handles it, this is a legislative interpretation question involving conflicting statutory intents (the dissent disagrees).

This is very important to anyone who contracts with state agencies (including, perhaps, development-type agreements, easement agreements and negotiated sales) and should be read by all.

I'm also guessing that this will result in a bunch of cases where folks try to find ways to frame cases as being based in contract rather than tort.

46 N. Washington Blvd, Suite 7, Sarasota, FL 34236      Phone (941) 681-8700

Hiring an attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask and I will send you free written information about my qualifications and experience. Additionally, the comments, statements and articles contained herein are general in nature and should not be relied upon as a basis for any legal opinion, action or conclusion on the part of the reader with respect to any particular set of facts or circumstances, or to establish an attorney-client relationship between us.