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Florida Federal Court Dismisses Fluor Enterprises' $67M Claim Against Duke Energy for Wrongful Draw Down of Credit Letter

Tampa D Fluor Enterprises, Inc. v. Duke Energy Florida, LLC, No. 8:19-cv-00224, 2019 BL 135007, at *1 (M.D. Fla. Apr. 16, 2019)

Author: Anthony Finizio

4/23/2019

Read the full post at Constructlaw

Florida Federal Court Dismisses Fluor Enterprises' $67M Claim Against Duke Energy for Wrongful Draw Down of Credit Letter

On April 16, 2019, a Florida federal court dismissed without prejudice Fluor Enterprises’ claim that Duke Energy wrongfully drew down a $67 million letter of credit issued in connection with Fluor’s construction of a gas-fired electrical generation facility in Citrus County, Florida. In addition to the core breach of contract claim which suffered from several procedural issues, the court dismissed extra-contractual claims for conversion, civil theft, breach of the implied covenant of good faith and fair dealing, and violation of the Florida Deceptive and Unfair Trade Practices Act.

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