Division of Administrative Hearings, Florida
Latest Update: Jun. 24, 1981
There are two issues presented: Whether Hardrives Company is delinquent on the contract and should be disqualified from bidding on further contracts; and What portion, if any, of the 91 days' extension requested by Hardrives should be granted. The parties both submitted excellent and detailed proposed findings of fact which pinpoint the factual disputes regarding the record. They are: Whether two 5.5-yard draglines would have been sufficient to excavate the needed materials to meet the contract time scheduled (compare Paragraphs 3, parties' findings of fact); Whether the overrun in subsoil excavation was 20 percent or 3.38 percent (compare Paragraphs 7, parties' findings of fact); and Whether the contractor should have been able to handle the problems which arose (compare Paragraphs 8, parties' findings of fact). To the extent that the proposed findings of fact have not been incorporated in this order they have been rejected as not being supported by substantial and competent evidence.Quarry contractor was found delinquent.
