Contractor's Refusal to Work Because of Lead Paint Termed 'Delay Tactic'

MIAMI - A Florida appellate court has affirmed a breach-of-contract verdict in favor of a school district, finding no reason to overturn the trial court's conclusion that a painting contractor's lead-paint concerns amounted to a delaying tactic. Mario's Enterprises Painting & Wallcovering Inc. v. Veitia Padron Inc., No. 3D10-259 (Fla. Ct. App., 3rd Dist.).

The Third District Court of Appeal's Jan. 19 opinion affirmed a damages award in favor of Veitia Padron Inc., the general contractor sued by Mario's Enterprises Painting & Wallcovering Inc. over a renovation project at a Miami-area elementary school.

The dispute arose after VPI refused Mario's …