Strauss Troy Shareholders O’Connell, Houston and Schilling Win First District Appeal for Developer in Approval Dispute

It is important in the context of construction contracts, as it is for all contracts, that the parties have predictability and reliability in expecting that a court will enforce the terms of the parties’ negotiated agreement as written. In construction contracts it is common for the parties to allocate between them responsibility for obtaining governmental approvals.  

In a recent decision obtained by Brian O'Connell, James Houston and Steve Schilling, the First District Court of Appeals upheld this principle and, in essence, ruled that a party who undertakes the obligation to obtain governmental approval will be found in breach of the contract where the approval is not obtained unless it is proven that such approval was impossible to secure.

Read the full opinion here.

Learn more about how Strauss Troy can help your business here.