FT. MYERS– A Florida federal court denied a request by a group of condominium associations to dismiss an $800,000 lawsuit filed by a pressure washing company.
Judge John E. Steele of the U.S. District Court for the Middle District of Florida ruled the condo associations did not produce enough evidence that PWS Environmental Inc. did not state a claim.
Bayfront Place Condominium Association Inc., The Mirage on The Gulf Condominium, Borghese at Hammock Bay Condominium Association Inc., Vintage Bay Condominium Association and 400 La Peninsula Condominium Inc. brought the suit. PWS claimed the company washed five buildings owned by the associations amid the fallout of Hurricane Irma, adding up to more than $800,000 of work, which remains unpaid.
PWS subsequently filed a six-count lawsuit against the associations for breach of implied contract. PWS also named an agent for the associations, All Clear Restoration Remediation, for breach of express contract after All Clear gave PWS permission to pressure wash the condos and agreed to PWS’s proposal via email.
Attorneys for the condominium associations filed the motion to dismiss in attempt to get two of the six counts dismissed. Because an express contract is part of the lawsuit, the associations argued, that prevents the plaintiff’s ability to recover losses in the implied contract.
PWS responded that the company can only receive recovery from the implied contract if the claim concerning the express contract falls short.
In his decision, Steele pointed out a breach of implied contract equals unjust enrichment. Considering this, PWS would have to prove that the company discussed the pressure washing with the condominiums, and that they knew about it, accepted it and agreed to pay a fair price for the pressure washing.
The court determined PWS adequately met all of these requirements. The court also pointed out PWS washed the condos for several days while providing All Clear with updates.