Promissory Estoppel in Florida Construction Contracts: When It Applies
Most construction disputes rely on contracts, but courts sometimes apply promissory estoppel when a party makes a promise without an enforceable contract. Florida courts recognize this doctrine in limited construction contexts.
Elements of Promissory Estoppel
To claim promissory estoppel in Florida construction law, the plaintiff must prove:
- A representation contrary to a later position.
- Reliance on that representation.
- A detrimental change in position due to reliance.
Limitations on Use
- Parties cannot use promissory estoppel to overcome the Statute of Frauds.
- Must prove by clear and convincing evidence.
- Applied only in rare circumstances, sometimes against government agencies .
Practical Example of Promissory Estoppel in Florida Construction Contracts
- A subcontractor relied on a contractor’s representation and changed position to their detriment. Courts may enforce equity through promissory estoppel even without a formal contract.
Promissory estoppel in Florida construction contracts provides a safety net when formal agreements fall short. However, parties can use it only in limited cases and must provide strong evidence.
FAQs About Promissory Estoppel in Florida Construction Contracts
1. What is promissory estoppel?
A legal principle that enforces promises when one party relies to their detriment.
2. Can promissory estoppel replace a contract?
No. It applies only when no enforceable contract exists.
3. Can it be used against government agencies?
Rarely, but some courts have allowed it in exceptional cases.
4. What proof is required?
Clear and convincing evidence of reliance and detriment.
5. Can promissory estoppel overcome the Statute of Frauds?
No. It cannot override statutory defenses.