Florida Statute 255.5 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XVIII
PUBLIC LANDS AND PROPERTY

Chapter 255
PUBLIC PROPERTY AND PUBLICLY OWNED BUILDINGS

View Entire Chapter

F.S. 255.05

255.05 Bond of contractor constructing public buildings; form; action by claimants.—

(1) A person entering into a formal contract with the state or any county, city, or political subdivision thereof, or other public authority or private entity, for the construction of a public building, for the prosecution and completion of a public work, or for repairs upon a public building or public work shall be required, before commencing the work or before recommencing the work after a default or abandonment, to execute and record in the public records of the county where the improvement is located, a payment and performance bond with a surety insurer authorized to do business in this state as surety. A public entity may not require a contractor to secure a surety bond under this section from a specific agent or bonding company.

(a) The bond must state on its front page:

1. The name, principal business address, and phone number of the contractor, the surety, the owner of the property being improved, and, if different from the owner, the contracting public entity.

2. The contract number assigned by the contracting public entity.

3. The bond number assigned by the surety.

4. A description of the project sufficient to identify it, such as a legal description or the street address of the property being improved, and a general description of the improvement.

(b) Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph. This paragraph applies to contracts entered into on or after October 1, 2012.

(c) The bond shall be conditioned upon the contractor’s performance of the construction work in the time and manner prescribed in the contract and promptly making payments to all persons defined in s. 713.01 who furnish labor, services, or materials for the prosecution of the work provided for in the contract. A claimant may apply to the governmental entity having charge of the work for copies of the contract and bond and shall thereupon be furnished with a copy of the contract and the recorded bond. The claimant shall have a cause of action against the contractor and surety for the amount due him or her, including unpaid finance charges due under the claimant’s contract. Such action may not involve the public authority in any expense.

(d) When the work is done for the state and the contract is for $100,000 or less, no payment and performance bond shall be required. At the discretion of the official or board awarding such contract when such work is done for any county, city, political subdivision, or public authority, a person entering into such a contract that is for $200,000 or less may be exempted from executing the payment and performance bond. When such work is done for the state, the Secretary of Management Services may delegate to state agencies the authority to exempt any person entering into such a contract amounting to more than $100,000 but less than $200,000 from executing the payment and performance bond. If an exemption is granted, the officer or official is not personally liable to persons suffering loss because of granting such exemption. The Department of Management Services shall maintain information on the number of requests by state agencies for delegation of authority to waive the bond requirements by agency and project number and whether any request for delegation was denied and the justification for the denial.

(e) Any provision in a payment bond issued on or after October 1, 2012, furnished for public work contracts as provided by this subsection which further restricts the classes of persons protected by the bond, which restricts the venue of any proceeding relating to such bond, which limits or expands the effective duration of the bond, or which adds conditions precedent to the enforcement of a claim against the bond beyond those provided in this section is unenforceable.

¹(f) The Department of Management Services shall adopt rules with respect to all contracts for $200,000 or less, to provide:

1. Procedures for retaining up to 5 percent of each request for payment submitted by a contractor and procedures for determining disbursements from the amount retained on a pro rata basis to laborers, materialmen, and subcontractors, as defined in s. 713.01.

2. Procedures for requiring certification from laborers, materialmen, and subcontractors, as defined in s. 713.01, before final payment to the contractor that such laborers, materialmen, and subcontractors have no claims against the contractor resulting from the completion of the work provided for in the contract.

The state is not liable to any laborer, materialman, or subcontractor for any amounts greater than the pro rata share as determined under this section.

(g)1. The amount of the bond shall equal the contract price, except that for a contract in excess of $250 million, if the state, county, municipality, political subdivision, or other public entity finds that a bond in the amount of the contract price is not reasonably available, the public owner shall set the amount of the bond at the largest amount reasonably available, but not less than $250 million.

2. For construction-management or design-build contracts, if the public owner does not include in the bond amount the cost of design or other nonconstruction services, the bond may not be conditioned on performance of such services or payment to persons furnishing such services. Notwithstanding paragraphs (c) and (e), such a bond may exclude persons furnishing such services from the classes of persons protected by the bond.

(2)(a)1. If a claimant is no longer furnishing labor, services, or materials on a project, a contractor or the contractor’s agent or attorney may elect to shorten the time within which an action to enforce any claim against a payment bond must be commenced by recording in the clerk’s office a notice in substantially the following form:

NOTICE OF CONTEST OF CLAIM
AGAINST PAYMENT BOND

To: (Name and address of claimant)

You are notified that the undersigned contests your notice of nonpayment, dated , , and served on the undersigned on , , and that the time within which you may file suit to enforce your claim is limited to 60 days after the date of service of this notice.

DATED on , .

Signed: (Contractor or Attorney)

The claim of a claimant upon whom such notice is served and who fails to institute a suit to enforce his or her claim against the payment bond within 60 days after service of such notice is extinguished automatically. The contractor or the contractor’s attorney shall serve a copy of the notice of contest on the claimant at the address shown in the notice of nonpayment or most recent amendment thereto and shall certify to such service on the face of the notice and record the notice. After the clerk records the notice with the certificate of service, the clerk shall serve, in accordance with s. 713.18, a copy of such recorded notice on the claimant and the contractor or the contractor’s attorney. The clerk of the court shall charge fees for such services as provided by law.

2. A claimant, except a laborer, who is not in privity with the contractor shall, before commencing or not later than 45 days after commencing to furnish labor, services, or materials for the prosecution of the work, serve the contractor with a written notice that he or she intends to look to the bond for protection. If the payment bond is not recorded before the commencement of work or before the recommencement of work after a default or abandonment as required by subsection (1), the claimant may serve the contractor with such written notice up to 45 days after the date that the claimant is served with a copy of the bond. A claimant who is not in privity with the contractor and who has not received payment for furnishing his or her labor, services, or materials shall serve a written notice of nonpayment on the contractor and a copy of the notice of nonpayment on the surety. The notice of nonpayment must be under oath and served during the progress of the work or thereafter but may not be served earlier than 45 days after the first furnishing of labor, services, or materials by the claimant or later than 90 days after the final furnishing of the labor, services, or materials by the claimant or, with respect to rental equipment, later than 90 days after the date that the rental equipment was last on the site of the improvement and available for use. Any notice of nonpayment served by a claimant who is not in privity with the contractor which includes sums for retainage must specify the portion of the amount claimed for retainage. An action for the labor, services, or materials may not be instituted against the contractor or the surety unless the notice to the contractor and notice of nonpayment have been served, if required by this section. Notices required or permitted under this section must be served in accordance with s. 713.18. A claimant may not waive in advance his or her right to bring an action under the bond against the surety. In any action brought to enforce a claim against a payment bond under this section, the prevailing party is entitled to recover a reasonable fee for the services of his or her attorney for trial and appeal or for arbitration, in an amount to be determined by the court or arbitrator, which fee must be taxed as part of the prevailing party’s costs, as allowed in equitable actions. The time periods for service of a notice of nonpayment or for bringing an action against a contractor or a surety are measured from the last day of furnishing labor, services, or materials by the claimant and may not be measured by other standards, such as the issuance of a certificate of occupancy or the issuance of a certificate of substantial completion. The negligent inclusion or omission of any information in the notice of nonpayment that has not prejudiced the contractor or surety does not constitute a default that operates to defeat an otherwise valid bond claim. A claimant who serves a fraudulent notice of nonpayment forfeits his or her rights under the bond. A notice of nonpayment is fraudulent if the claimant has willfully exaggerated the amount unpaid, willfully included a claim for work not performed or materials not furnished for the subject improvement, or prepared the notice with such willful and gross negligence as to amount to a willful exaggeration. However, a minor mistake or error in a notice of nonpayment, or a good faith dispute as to the amount unpaid, does not constitute a willful exaggeration that operates to defeat an otherwise valid claim against the bond. The service of a fraudulent notice of nonpayment is a complete defense to the claimant’s claim against the bond. The notice of nonpayment under this subparagraph must include the following information, current as of the date of the notice, and must be in substantially the following form:

NOTICE OF NONPAYMENT

To: (Name of contractor and address)

(Name of surety and address)

The undersigned claimant notifies you that:

1. Claimant has furnished (describe labor, services, or materials) for the improvement of the real property identified as (property description) . The corresponding amount unpaid to date is $ , of which $ is unpaid retainage.

2. Claimant has been paid to date the amount of $ for previously furnishing (describe labor, services, or materials) for this improvement.

3. Claimant expects to furnish (describe labor, services, or materials) for this improvement in the future (if known), and the corresponding amount expected to become due is $ (if known).

I declare that I have read the foregoing Notice of Nonpayment and that the facts stated in it are true to the best of my knowledge and belief.

DATED on , .

(Signature and address of claimant)

STATE OF FLORIDA

COUNTY OF

The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of ☐ physical presence or sworn to (or affirmed) by ☐ online notarization this day of , (year) , by (name of signatory) .

(Signature of Notary Public - State of Florida)

(Print, Type, or Stamp Commissioned Name of Notary Public)

Personally Known OR Produced Identification

Type of Identification Produced

(b) When a person is required to execute a waiver of his or her right to make a claim against the payment bond in exchange for, or to induce payment of, a progress payment, the waiver may be in substantially the following form:

WAIVER OF RIGHT TO CLAIM
AGAINST THE PAYMENT BOND
(PROGRESS PAYMENT)

The undersigned, in consideration of the sum of $ , hereby waives its right to claim against the payment bond for labor, services, or materials furnished through (insert date) to (insert the name of your customer) on the job of (insert the name of the owner) , for improvements to the following described project:

(description of project)

This waiver does not cover any retention or any labor, services, or materials furnished after the date specified.

DATED ON , .

(Claimant)

By:

(c) When a person is required to execute a waiver of his or her right to make a claim against the payment bond, in exchange for, or to induce payment of, the final payment, the waiver may be in substantially the following form:

WAIVER OF RIGHT TO CLAIM
AGAINST THE PAYMENT BOND
(FINAL PAYMENT)

The undersigned, in consideration of the final payment in the amount of $ , hereby waives its right to claim against the payment bond for labor, services, or materials furnished to (insert the name of your customer) on the job of (insert the name of the owner) , for improvements to the following described project:

(description of project)

DATED ON , .

(Claimant)

By:

(d) A person may not require a claimant to furnish a waiver that is different from the forms in paragraphs (b) and (c).

(e) A claimant who executes a waiver in exchange for a check may condition the waiver on payment of the check.

(f) A waiver that is not substantially similar to the forms in this subsection is enforceable in accordance with its terms.

(3) The bond required in subsection (1) may be in substantially the following form:

PUBLIC CONSTRUCTION BOND

Bond No. (enter bond number)

BY THIS BOND, We , as Principal and , a corporation, as Surety, are bound to , herein called Owner, in the sum of $ , for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally.

THE CONDITION OF THIS BOND is that if Principal:

1. Performs the contract dated , , between Principal and Owner for construction of , the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and

2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and

3. Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and

4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force.

Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes.

Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety’s obligation under this bond.

DATED ON , .

(Name of Principal)

By (As Attorney in Fact)

(Name of Surety)

(4) The payment bond provisions of all bonds required by subsection (1) shall be construed and deemed statutory payment bonds furnished pursuant to this section and such bonds shall not under any circumstances be converted into common law bonds.

(5) In addition to the provisions of chapter 47, any action authorized under this section may be brought in the county in which the public building or public work is being constructed or repaired. This subsection shall not apply to an action instituted prior to May 17, 1977.

(6) All payment bond forms used by a public owner and all payment bonds executed pursuant to this section by a surety shall make reference to this section by number, shall contain reference to the notice and time limitation provisions in subsections (2) and (10), and shall comply with the requirements of paragraph (1)(a).

(7) In lieu of the bond required by this section, a contractor may file with the state, county, city, or other political authority an alternative form of security in the form of cash; a money order; a certified check; a cashier’s check; or a domestic corporate bond, note, or debenture as authorized in s. 625.317. Any such alternative form of security is for the same purpose and subject to the same conditions as those applicable to the bond required by this section. The appropriate state, county, city, or other political subdivision shall determine the required value of an alternative form of security.

(8) When a contractor has furnished a payment bond pursuant to this section, he or she may, when the state, county, municipality, political subdivision, or other public authority makes any payment to the contractor or directly to a claimant, serve a written demand on any claimant who is not in privity with the contractor for a written statement under oath of his or her account showing the nature of the labor or services performed and to be performed, if any; the materials furnished; the materials to be furnished, if known; the amount paid on account to date; the amount due; and the amount to become due, if known, as of the date of the statement by the claimant. Any such demand to a claimant who is not in privity with the contractor must be served on the claimant at the address and to the attention of any person who is designated to receive the demand in the notice to contractor served by the claimant. The failure or refusal to furnish the statement does not deprive the claimant of his or her rights under the bond if the demand is not served at the address of the claimant or directed to the attention of the person designated to receive the demand in the notice to contractor. The failure to furnish the statement within 30 days after the demand, or the furnishing of a false or fraudulent statement, deprives the claimant who fails to furnish the statement, or who furnishes the false or fraudulent statement, of his or her rights under the bond. If the contractor serves more than one demand for statement of account on a claimant and none of the information regarding the account has changed since the claimant’s last response to a demand, the failure or refusal to furnish such statement does not deprive the claimant of his or her rights under the bond. The negligent inclusion or omission of any information deprives the claimant of his or her rights under the bond to the extent that the contractor can demonstrate prejudice from such act or omission by the claimant. The failure to furnish a response to a demand for statement of account does not affect the validity of any claim on the bond being enforced in a lawsuit filed before the date the demand for statement of account is received by the claimant.

(9) On any public works project for which the public authority requires a performance and payment bond, suits at law and in equity may be brought and maintained by and against the public authority on any contract claim arising from breach of an express provision or an implied covenant of a written agreement or a written directive issued by the public authority pursuant to the written agreement. In any such suit, the public authority and the contractor shall have all of the same rights and obligations as a private person under a like contract except that no liability may be based on an oral modification of either the written contract or written directive. Nothing herein shall be construed to waive the sovereign immunity of the state and its political subdivisions from equitable claims and equitable remedies. The provisions of this subsection shall apply only to contracts entered into on or after July 1, 1999.

(10) An action, except an action for recovery of retainage, must be instituted against the contractor or the surety on the payment bond or the payment provisions of a combined payment and performance bond within 1 year after the performance of the labor or completion of delivery of the materials or supplies. An action for recovery of retainage must be instituted against the contractor or the surety within 1 year after the performance of the labor or completion of delivery of the materials or supplies; however, such an action may not be instituted until one of the following conditions is satisfied:

(a) The public entity has paid out the claimant’s retainage to the contractor, and the time provided under s. 218.735 or s. 255.073(3) for payment of that retainage to the claimant has expired;

(b) The claimant has completed all work required under its contract and 70 days have passed since the contractor sent its final payment request to the public entity; or

(c) At least 160 days have passed since reaching substantial completion of the construction services purchased, as defined in the contract, or if not defined in the contract, since reaching beneficial occupancy or use of the project.

(d) The claimant has asked the contractor, in writing, for any of the following information and the contractor has failed to respond to the claimant’s request, in writing, within 10 days after receipt of the request:

1. Whether the project has reached substantial completion, as that term is defined in the contract, or if not defined in the contract, if beneficial occupancy or use of the project has occurred.

2. Whether the contractor has received payment of the claimant’s retainage, and if so, the date the retainage was received by the contractor.

3. Whether the contractor has sent its final payment request to the public entity, and if so, the date on which the final payment request was sent.

If none of the conditions described in paragraph (a), paragraph (b), paragraph (c), or paragraph (d) is satisfied and an action for recovery of retainage cannot be instituted within the 1-year limitation period set forth in this subsection, this limitation period shall be extended until 120 days after one of these conditions is satisfied.

(11) When a contractor furnishes and records a payment and performance bond for a public works project in accordance with this section and provides the public authority with a written consent from the surety regarding the project or payment in question, the public authority may not condition its payment to the contractor on the production of a release, waiver, or like documentation from a claimant demonstrating that the claimant does not have an outstanding claim against the contractor, the surety, the payment bond, or the public authority for payments due on labor, services, or materials furnished on the public works project. The surety may, in a writing served on the public authority, revoke its consent or direct that the public authority withhold a specified amount from a payment, which shall be effective upon receipt. This subsection applies to contracts entered into on or after October 1, 2012.

(12) Unless otherwise provided in this section, service of any document must be made in accordance with s. 713.18.

History.—s. 1, ch. 6867, 1915; RGS 3533; s. 1, ch. 10035, 1925; CGL 5397; s. 1, ch. 59-491; s. 1, ch. 63-437; s. 1, ch. 71-47; ss. 1, 2, ch. 77-40; s. 1, ch. 77-78; s. 1, ch. 77-81; s. 1, ch. 80-32; s. 1, ch. 80-54; s. 1, ch. 82-196; s. 2, ch. 84-288; s. 2, ch. 85-130; s. 2, ch. 88-397; s. 21, ch. 90-109; s. 4, ch. 91-162; s. 176, ch. 92-279; s. 2, ch. 92-286; s. 55, ch. 92-326; s. 1, ch. 93-96; s. 5, ch. 94-322; s. 849, ch. 95-148; s. 25, ch. 95-196; s. 1, ch. 97-219; s. 1, ch. 98-135; s. 20, ch. 99-6; s. 33, ch. 99-13; s. 4, ch. 99-345; s. 2, ch. 99-386; s. 2, ch. 2001-118; s. 3, ch. 2001-211; s. 1, ch. 2005-218; s. 1, ch. 2005-227; s. 13, ch. 2005-230; s. 1, ch. 2007-159; s. 1, ch. 2007-221; s. 2, ch. 2012-211; s. 1, ch. 2019-94; s. 2, ch. 2020-173; s. 1, ch. 2023-226.

¹Note.—Section 5(2), ch. 2020-173, provides that “[t]he amendments made to ss. 255.05 and 255.078, Florida Statutes, by this act do not apply to contracts executed under chapter 337, Florida Statutes.”

F.S. 255.05 on Google Scholar

F.S. 255.05 on CourtListener

Amendments to 255.05

Annotations, Discussions, Cases:

Cases Citing Statute 255.05

Total Results: 170

FL. DEPT. OF ENVIRONMENTAL PROTECTION v. Contractpoint Florida Parks, LLC

986 So. 2d 1260, 33 Fla. L. Weekly Supp. 493, 38 Envtl. L. Rep. (Envtl. Law Inst.) 20173, 2008 Fla. LEXIS 1240, 2008 WL 2678812

Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1426739

Cited 44 times | Published

State's contracting authority. For example, section 255.05(9), Florida Statutes (2007), relates to public

American Home Assur. v. PLAZA MATERIALS

908 So. 2d 360, 2005 WL 1575877

Supreme Court of Florida | Filed: Jul 7, 2005 | Docket: 1397756

Cited 36 times | Published

THE NOTICE AND TIME LIMITATION PROVISIONS OF SECTION 255.05(6), ARE THOSE NOTICE AND TIME LIMITATIONS NEVERTHELESS

Jackson v. Consolidated Government of City of Jacksonville

225 So. 2d 497

Supreme Court of Florida | Filed: Jul 22, 1969 | Docket: 1444846

Cited 28 times | Published

amendment which added a second subsection to Section 255.05. The subsection which was added required persons

PC Lissenden Co. v. Board of County Commissioners of Palm Beach County

116 So. 2d 632

Supreme Court of Florida | Filed: Dec 2, 1959 | Docket: 2534150

Cited 27 times | Published

Article V, Florida Constitution, F.S.A. [2] Section 255.05 F.S. 1955, F.S.A. [3] The pertinent portion

AUTO OWN. INS. CO. v. Hillsborough County Aviation Auth.

153 So. 2d 722

Supreme Court of Florida | Filed: Apr 19, 1963 | Docket: 465340

Cited 23 times | Published

supra, which was enacted as an amendment to Section 255.05, Florida Statutes, F.S.A. He grounds his position

Gibbs Const. Co. v. SL Page Corp.

755 So. 2d 787, 2000 WL 378231

District Court of Appeal of Florida | Filed: Apr 14, 2000 | Docket: 1699429

Cited 21 times | Published

attorney's fees as the prevailing party pursuant to section 255.05, Florida Statutes (1987). The trial court granted

Transamerica Ins. Co. v. Barnett Bank of Marion County, NA

540 So. 2d 113, 7 U.C.C. Rep. Serv. 2d (West) 1356, 14 Fla. L. Weekly 107, 1989 Fla. LEXIS 170, 1989 WL 23390

Supreme Court of Florida | Filed: Mar 16, 1989 | Docket: 1688945

Cited 21 times | Published

for various government bodies. As required by section 255.05, Florida Statutes (1983),[1] Turner obtained

American Cas. Co. v. Coastal Caisson Drill Co.

542 So. 2d 957, 14 Fla. L. Weekly 111, 1989 Fla. LEXIS 180, 1989 WL 23396

Supreme Court of Florida | Filed: Mar 16, 1989 | Docket: 468831

Cited 18 times | Published

(1987), in construing the waiver of rights under section 255.05 because the payment bond is merely a substitute

RW Roberts Const. Co., Inc. v. ST. JOHNS RIVER WATER MANAGEMENT

423 So. 2d 630

District Court of Appeal of Florida | Filed: Dec 22, 1982 | Docket: 1374439

Cited 17 times | Published

seeking recovery under the bond pursuant to section 255.05, Florida Statutes (1979). The portion of the

United Bonding Ins. Co. v. City of Holly Hill

249 So. 2d 720

District Court of Appeal of Florida | Filed: Jun 22, 1971 | Docket: 1398555

Cited 15 times | Published

is not the statutory bond required by F.S. Section 255.05, F.S.A., which carries the one-year limitation

SCHOOL BD., ETC. v. Vincent J. Fasano, Inc.

417 So. 2d 1063

District Court of Appeal of Florida | Filed: Jul 28, 1982 | Docket: 1383587

Cited 14 times | Published

§ 713.01(14), Fla. Stat. (1979). However, Section 255.05(1),[1] Florida Statutes (1979), provides an

US Fid. & Guar. Co. v. N. Am. Steel Corp.

335 So. 2d 18, 19 U.C.C. Rep. Serv. (West) 1343

District Court of Appeal of Florida | Filed: Jul 7, 1976 | Docket: 2517364

Cited 13 times | Published

barred by the one-year limitation set forth in § 255.05, Fla. Stat. The trial court specifically held

Collins v. National Fire Insurance Co. of Hartford

105 So. 2d 190

District Court of Appeal of Florida | Filed: Sep 10, 1958 | Docket: 136815

Cited 13 times | Published

bond conditioned in the manner prescribed by section 255.05, Florida Statutes, F.S.A., so as to protect

Taylor Woodrow Construction Corp. v. Burke Co.

606 So. 2d 1154, 17 Fla. L. Weekly Supp. 588, 1992 Fla. LEXIS 1621, 1992 WL 227838

Supreme Court of Florida | Filed: Sep 17, 1992 | Docket: 129404

Cited 11 times | Published

Florida Constitution. The issue here is whether section 255.05(2), Florida Statutes (1989), requires a supplier

SW Fla. Water Mgt. Dist. v. MILLER CONST CO.

355 So. 2d 1258

District Court of Appeal of Florida | Filed: Mar 10, 1978 | Docket: 1360607

Cited 11 times | Published

contract was a statutory bond given pursuant to Section 255.05, Florida Statutes (1975), or a more broadly

Settecasi v. Board of Public Instruction

156 So. 2d 652

District Court of Appeal of Florida | Filed: Oct 9, 1963 | Docket: 446081

Cited 11 times | Published

by a subcontractor to the general contractor. § 255.05, Florida Statutes, F.S.A. The affirmative defense

Indemnity Ins. Co. v. Brooks-Fisher Insulating Co.

140 So. 2d 613, 1962 Fla. App. LEXIS 3207

District Court of Appeal of Florida | Filed: Apr 18, 1962 | Docket: 467951

Cited 11 times | Published

Broward County *614 Board of Public Instruction. Section 255.05, Florida Statutes, F.S.A., had been advanced

Coastal Caisson Drill v. Amer. Cas. Co.

523 So. 2d 791, 13 Fla. L. Weekly 991, 1988 Fla. App. LEXIS 1664, 1988 WL 36063

District Court of Appeal of Florida | Filed: Apr 22, 1988 | Docket: 653672

Cited 10 times | Published

even more compelling. The plain language of section 255.05 has, from its inception, stated that the required

Bob Cooper, Inc. v. City of Venice (In Re Bob Cooper, Inc.)

65 B.R. 609, 1986 Bankr. LEXIS 5202

United States Bankruptcy Court, M.D. Florida | Filed: Oct 1, 1986 | Docket: 1432481

Cited 10 times | Published

on public works and public projects. Fla. Stat. § 255.05 (1986). There is no doubt that a Debtor-in-Possession

Winchester v. State

134 So. 2d 826

District Court of Appeal of Florida | Filed: Nov 22, 1961 | Docket: 1343089

Cited 10 times | Published

and its surety. The suit was brought pursuant to § 255.05, F.S.A., which provides for enforcement of mechanics'

School Board of Escambia County v. Tig Premier Insurance

110 F. Supp. 2d 1351, 2000 U.S. Dist. LEXIS 13048, 2000 WL 1275819

District Court, N.D. Florida | Filed: May 8, 2000 | Docket: 2434322

Cited 9 times | Published

Florida (the "demolition project"). Pursuant to Section 255.05 of the Florida Statutes, and as a condition

Tuttle's Design-Build v. Fla. Fancy

604 So. 2d 873, 1992 WL 192998

District Court of Appeal of Florida | Filed: Aug 12, 1992 | Docket: 1280673

Cited 9 times | Published

issued by Preferred for Tuttle's pursuant to section 255.05, Florida Statute (1991). Preferred and Tuttle's

Moretrench American Corp. v. TAYLOR WOODROW CONST. CORP.

565 So. 2d 861, 1990 Fla. App. LEXIS 5938, 1990 WL 114727

District Court of Appeal of Florida | Filed: Aug 10, 1990 | Docket: 1403435

Cited 8 times | Published

the delivery of the equipment as required by section 255.05(2), Florida Statutes (1987). That section provides

City of Fort Lauderdale v. Hardrives Company

167 So. 2d 339

District Court of Appeal of Florida | Filed: Sep 18, 1964 | Docket: 1319184

Cited 8 times | Published

Casualty Company as surety under the provisions of § 255.05, F.S.A. The bond provided, as required by statute

Winchester v. Florida Electric Supply, Inc.

161 So. 2d 668

District Court of Appeal of Florida | Filed: Feb 19, 1964 | Docket: 426773

Cited 8 times | Published

bond executed under the provisions of F.S. Section 255.05, F.S.A. The appellant Winchester as prime contractor

Everett Painting Co., Inc. v. Padula & Wadsworth Constr., Inc.

856 So. 2d 1059

District Court of Appeal of Florida | Filed: Oct 8, 2003 | Docket: 1298181

Cited 7 times | Published

project constituted a public project pursuant to section 255.05, Florida Statutes (1997), and under the terms

Am. Bonding Co. v. Coastal Metal Sales

679 So. 2d 1250, 1996 Fla. App. LEXIS 9462, 1996 WL 517155

District Court of Appeal of Florida | Filed: Sep 13, 1996 | Docket: 1665821

Cited 7 times | Published

issued in compliance with the little Miller Act. § 255.05, Fla. Stat. (1993). Although the bankruptcy pleadings

Fitzgerald & Co., Inc. v. ROBERTS ELEC. CONT., INC.

533 So. 2d 789, 1988 WL 93060

District Court of Appeal of Florida | Filed: Sep 9, 1988 | Docket: 1656382

Cited 7 times | Published

labor and material payment bond, pursuant to section 255.05, Florida Statutes (1985), with USF & *790 G

Blosam Contractors, Inc. v. Joyce

451 So. 2d 545

District Court of Appeal of Florida | Filed: Jun 20, 1984 | Docket: 1741130

Cited 7 times | Published

with the forty-five-day notice provision of section 255.05(2), Florida Statutes (1981),[1] a prerequisite

WF Thompson Const. Co. v. SOUTHEASTERN PALM B., ETC.

174 So. 2d 410

District Court of Appeal of Florida | Filed: Apr 27, 1965 | Docket: 1714277

Cited 7 times | Published

that the ninety day provision was repugnant to Section 255.05, Florida Statutes, F.S.A., as written before

School Bd. of Broward County v. GREAT AM. INS. COMPANY

807 So. 2d 750, 2002 WL 215036

District Court of Appeal of Florida | Filed: Feb 13, 2002 | Docket: 2517822

Cited 6 times | Published

Pursuant to the contract, and in accordance with section 255.05(1)(a), Florida Statutes (1999), Great American

Danis Ind. v. Ground Imp. Techniques

629 So. 2d 985, 1993 WL 538928

District Court of Appeal of Florida | Filed: Dec 23, 1993 | Docket: 1677448

Cited 6 times | Published

rights litigation. [4] We also have considered section 255.05, Florida Statutes (Supp. 1992), but conclude

Miller v. Knob Const. Co.

368 So. 2d 891

District Court of Appeal of Florida | Filed: Feb 14, 1979 | Docket: 1389594

Cited 6 times | Published

barred by the one-year statute of limitations in Section 255.05, Florida Statutes (1975).[1] Appellant's (Miller)

Board of Public Instruction Sarasota Cty. v. Fidelity & C. Co. of Ny

184 So. 2d 491

District Court of Appeal of Florida | Filed: Mar 18, 1966 | Docket: 1417095

Cited 6 times | Published

Indcon executed the usual penal bond required by § 255.05, Fla.Stats., F.S.A. with defendant Fidelity and

Warren v. Glens Falls Indemnity Co.

66 So. 2d 54

Supreme Court of Florida | Filed: Jun 23, 1953 | Docket: 1238459

Cited 6 times | Published

receive from the contractor the bond required by section 255.05, Florida Statutes, 1951, F.S.A. The contractor

Martin Paving Co. v. United Pacific Ins. Co.

646 So. 2d 268, 1994 Fla. App. LEXIS 11640, 1994 WL 669660

District Court of Appeal of Florida | Filed: Dec 2, 1994 | Docket: 1405123

Cited 5 times | Published

[American] in all respects shall, comply with Section 255.05 and 337.13, Florida Statutes, and the terms

BOARD OF CTY. COMMR. v. Aetna Cas.

604 So. 2d 850, 1992 WL 164089

District Court of Appeal of Florida | Filed: Jul 17, 1992 | Docket: 1289772

Cited 5 times | Published

limited liability to one year according to section 255.05(2), Florida Statutes (1983). The trial court

WG Mills, Inc. v. M & MA CORP.

465 So. 2d 1388

District Court of Appeal of Florida | Filed: Mar 20, 1985 | Docket: 1478754

Cited 5 times | Published

surety under section 255.05, Florida Statutes (1983), the Little Miller Act. Section 255.05(1) provides

Gorman Co. of Fort Lauderdale, Inc. v. Frank Maio Gen. Contractor, Inc.

438 So. 2d 1018

District Court of Appeal of Florida | Filed: Oct 12, 1983 | Docket: 1445827

Cited 5 times | Published

a payment and performance bond pursuant to section 255.05, Florida Statutes (1981). Maio subsequently

DIST. SCH. BD. OF DESOTO CTY. v. Safeco Ins. Co.

434 So. 2d 38, 1983 Fla. App. LEXIS 19811

District Court of Appeal of Florida | Filed: Jul 8, 1983 | Docket: 2580988

Cited 5 times | Published

natural meaning of "performance of the labor" in section 255.05(2), Florida Statutes (1973), a certificate

William H. Gulsby Inc. v. Miller Const. Co.

351 So. 2d 396, 1977 Fla. App. LEXIS 16791

District Court of Appeal of Florida | Filed: Nov 4, 1977 | Docket: 1246854

Cited 5 times | Published

Insurance Company pursuant to bond provisions in Section 255.05, Florida Statutes (1975). Appellant alleged

Fuller Industries, Inc. v. R. Terry Blazier & Son, Inc.

188 So. 2d 2

District Court of Appeal of Florida | Filed: Jun 8, 1966 | Docket: 1743713

Cited 5 times | Published

against a surety on a bond issued under F.S. Section 255.05, F.S.A., brought by a materialman of a sub-contractor

Massachusetts Bonding & Insurance Co. v. Bryant

189 So. 2d 614

Supreme Court of Florida | Filed: Apr 27, 1966 | Docket: 403809

Cited 5 times | Published

that the statute of limitations provided in Section 255.05, Florida Statutes, 1961, F.S.A., defeated recovery

Board of Public Instruction v. Rood Const. Co.

166 So. 2d 701

District Court of Appeal of Florida | Filed: Jul 7, 1964 | Docket: 1284506

Cited 5 times | Published

subcontractors and their sureties pursuant to § 255.05, Fla. Stat., F.S.A.[1] and the litigation below

Clutter Construction Corp. v. State

139 So. 2d 426

Supreme Court of Florida | Filed: Mar 28, 1962 | Docket: 532934

Cited 5 times | Published

in the Circuit Court of Dade County pursuant to § 255.05, Florida Statutes, F.S.A., prior to the 1959 amendment

Phoenix Indemnity Co. v. Board of Public Instruction

114 So. 2d 478

District Court of Appeal of Florida | Filed: Sep 24, 1959 | Docket: 460832

Cited 5 times | Published

a performance and guaranty bond given under Section 255.05, Florida Statutes, F.S.A. by A & Z Contracting

Fla. Crushed Stone Co. v. AMER. HOME ASSUR. COMPANY

815 So. 2d 715, 27 Fla. L. Weekly Fed. D 969

District Court of Appeal of Florida | Filed: Apr 25, 2002 | Docket: 1277685

Cited 4 times | Published

provisions required by subsections (1) and (6) of section 255.05, Florida Statutes. The issue before us then

In Re Cone Constructors, Inc.

265 B.R. 302, 14 Fla. L. Weekly Fed. B 331, 2001 Bankr. LEXIS 985, 2001 WL 881214

United States Bankruptcy Court, M.D. Florida | Filed: Jun 14, 2001 | Docket: 1470776

Cited 4 times | Published

roads or highways for the FDOT. In accordance with § 255.05 of the Florida Statutes, before commencing work

Shannon R. Ginn Construction Co. v. Reliance Insurance

51 F. Supp. 2d 1347, 1999 U.S. Dist. LEXIS 11132, 1999 WL 360538

District Court, S.D. Florida | Filed: Mar 17, 1999 | Docket: 2364545

Cited 4 times | Published

provisions for the payment of subcontractors. See § 255.05, Fla.Stat. (1997). [3] The performance bond,

Kraemer v. GMAC

613 So. 2d 483, 1992 WL 386376

District Court of Appeal of Florida | Filed: Dec 30, 1992 | Docket: 454201

Cited 4 times | Published

supreme court said in The Burke Co., Because section 255.05(2) is clear on its face, this court must construe

Kraemer v. GMAC

613 So. 2d 483, 1992 WL 386376

District Court of Appeal of Florida | Filed: Dec 30, 1992 | Docket: 454201

Cited 4 times | Published

supreme court said in The Burke Co., Because section 255.05(2) is clear on its face, this court must construe

MCA Insurance Co. v. Genson (In Re Caddie Construction Co.)

125 B.R. 674, 1991 Bankr. LEXIS 390, 1991 WL 43046

United States Bankruptcy Court, M.D. Florida | Filed: Feb 26, 1991 | Docket: 1430074

Cited 4 times | Published

irrigation connections. In compliance with Fla.Stat. § 255.05, the Debtor posted performance and payment bonds

Transamerica Ins. Co. v. Barnett Bank of Marion County, NA

524 So. 2d 439, 5 U.C.C. Rep. Serv. 2d (West) 879, 13 Fla. L. Weekly 774, 1988 Fla. App. LEXIS 1158, 1988 WL 23644

District Court of Appeal of Florida | Filed: Mar 24, 1988 | Docket: 1701557

Cited 4 times | Published

(1905). The state counterpart in Florida is section 255.05, Florida Statutes. [7] Martin v. National

In Re Ward Land Clearing & Drainage, Inc.

73 B.R. 313, 4 U.C.C. Rep. Serv. 2d (West) 300, 1987 Bankr. LEXIS 698

United States Bankruptcy Court, N.D. Florida | Filed: Mar 25, 1987 | Docket: 1846660

Cited 4 times | Published

contractor, Ward was required by Florida law (F.S. § 255.05) to execute a payment and performance bond with

Giardiello v. Balboa Insurance

661 F. Supp. 644, 1985 U.S. Dist. LEXIS 15438

District Court, S.D. Florida | Filed: Sep 30, 1985 | Docket: 2217252

Cited 4 times | Published

(2) a third party beneficiary theory under Section 255.05 of the Florida Statutes. Some of the exhibits

Alpha Elec. Supply, Inc. v. Drake Contracting, Inc.

407 So. 2d 363

District Court of Appeal of Florida | Filed: Dec 16, 1981 | Docket: 467447

Cited 4 times | Published

completion of delivery of materials, thus under section 255.05(2), Florida Statutes (1977), the action was

TRUSTEES, FLA. W. v. Quality Concrete Co.

385 So. 2d 1163

District Court of Appeal of Florida | Filed: Jul 11, 1980 | Docket: 1337450

Cited 4 times | Published

bonds in question were executed pursuant to Section 255.05, Florida Statutes (1975), and that (1) appellants

STATE, DEPT. OF TRANSP., ETC. v. Houdaille

372 So. 2d 1177

District Court of Appeal of Florida | Filed: Jul 18, 1979 | Docket: 1695668

Cited 4 times | Published

the notice provisions and time limitations of Section 255.05(2), Florida Statutes (1975), even though the

Massachusetts Bonding & Insurance Company v. Bryant

175 So. 2d 88

District Court of Appeal of Florida | Filed: May 4, 1965 | Docket: 1682772

Cited 4 times | Published

of the complaint and affirmatively pleaded Section 255.05(2), Florida Statutes 1961, F.S.A., in bar of

Troup Brothers, Inc. v. State

135 So. 2d 755

District Court of Appeal of Florida | Filed: Dec 13, 1961 | Docket: 1292656

Cited 4 times | Published

reputation for truth and veracity. The language of § 255.05, F.S.A., pertinent to the instant case reads as

Liberty Mutual Insurance v. Aventura Engineering & Construction Corp.

534 F. Supp. 2d 1290, 2008 U.S. Dist. LEXIS 11783

District Court, S.D. Florida | Filed: Jan 8, 2008 | Docket: 65972896

Cited 3 times | Published

a performance bond with a surety insurer. See § 255.05(2), Fla. Stat. (1995). Although Florida law does

Professional Plast. v. Bridgeport-Strasberg

940 So. 2d 444, 2006 WL 1931199

District Court of Appeal of Florida | Filed: Jul 12, 2006 | Docket: 433075

Cited 3 times | Published

amended so that the provisions and limitations of section 255.05 or section 713.23 . . ., whichever is applicable

Amer. Home Assur. Co. v. Plaza Mater. Corp.

826 So. 2d 358, 2002 WL 940144

District Court of Appeal of Florida | Filed: May 10, 2002 | Docket: 1198363

Cited 3 times | Published

statutory bonds subject to the restrictions of section 255.05(2), Florida Statutes (1995). Because we conclude

Palm Beach Cty. v. Trinity Ind., Inc.

661 So. 2d 942, 1995 WL 621342

District Court of Appeal of Florida | Filed: Oct 25, 1995 | Docket: 1526456

Cited 3 times | Published

Guardrail to post a bond in accordance with section 255.05, Florida Statutes (1991). In the parties' undisputed

Tremack Co. v. Homestead Paving Co.

582 So. 2d 26, 1991 Fla. App. LEXIS 5087, 1991 WL 92371

District Court of Appeal of Florida | Filed: Jun 4, 1991 | Docket: 1363110

Cited 3 times | Published

extend beyond the statutory requirements of section 255.05, Florida Statutes (1989). On the other hand

DIC COM'L CONST. CORP. v. Knight Erec. & Fab.

547 So. 2d 977

District Court of Appeal of Florida | Filed: Aug 2, 1989 | Docket: 1738608

Cited 3 times | Published

on its contract with Woven Wire as required by § 255.05(2), Florida Statutes which provides: *979 A claimant

Harvesters Group, Inc. v. Westinghouse Elec. Corp.

527 So. 2d 257, 13 Fla. L. Weekly 1384, 1988 Fla. App. LEXIS 2469, 1988 WL 56526

District Court of Appeal of Florida | Filed: Jun 7, 1988 | Docket: 1253088

Cited 3 times | Published

had complied with both notice provisions of section 255.05(2), Florida Statutes (1983),[1] and was entitled

W.S.A. Inc. v. Stratton

680 F. Supp. 375, 1988 U.S. Dist. LEXIS 1851, 1988 WL 20242

District Court, S.D. Florida | Filed: Feb 17, 1988 | Docket: 1071000

Cited 3 times | Published

against the surety, dealt with Florida Statute section 255.05 regarding payment bonds on public construction

Laborers Local 938 Joint Health & Welfare Trust Fund v. B.R. Starnes Co. of Florida

658 F. Supp. 305, 1986 U.S. Dist. LEXIS 30175

District Court, S.D. Florida | Filed: Jan 22, 1986 | Docket: 2262261

Cited 3 times | Published

arises under Florida Statutes 255.05 and 713.23. Section 255.05 requires contractors to execute a payment and

SCHOOL BD. OF VOLUSIA v. Fidelity Co. of Md.

468 So. 2d 431, 10 Fla. L. Weekly 1082, 1985 Fla. App. LEXIS 14133, 25 Educ. L. Rep. 721

District Court of Appeal of Florida | Filed: May 2, 1985 | Docket: 1402754

Cited 3 times | Published

common law bond rather than a statutory bond, § 255.05, Fla. Stat. (1983). The parties did not address

Sprinkler Fitters v. FITR SERV.

461 So. 2d 144

District Court of Appeal of Florida | Filed: Nov 27, 1984 | Docket: 464633

Cited 3 times | Published

a public works contract issued pursuant to Section 255.05, Florida Statutes, could be held liable for

Florida Keys Comm. Coll. v. Ins. Co. of North Am.

456 So. 2d 1250, 20 Educ. L. Rep. 1045

District Court of Appeal of Florida | Filed: Sep 25, 1984 | Docket: 1732181

Cited 3 times | Published

filed within the one year period set forth in section 255.05(2), Florida Statutes (1977). These appeals

Travelers Indem. Co. v. Housing Auth. of City of Miami

256 So. 2d 230, 1972 Fla. App. LEXIS 7431

District Court of Appeal of Florida | Filed: Jan 4, 1972 | Docket: 427830

Cited 3 times | Published

denying that relief demanded was within the scope of § 255.05, Fla. Stat. 1965, F.S.A., and denying that the

United Bonding Insurance Co. v. MD Moody & Sons, Inc.

213 So. 2d 263, 1968 Fla. App. LEXIS 5094

District Court of Appeal of Florida | Filed: Aug 15, 1968 | Docket: 2534551

Cited 3 times | Published

obligee, it was neither a public works bond under Section 255.05, Florida Statutes, F.S.A., nor a private bond

NATIONAL UF INS. CO. v. Westinghouse Elec. Sup. Co.

206 So. 2d 60

District Court of Appeal of Florida | Filed: Jan 16, 1968 | Docket: 2387770

Cited 3 times | Published

written for work on a public building pursuant to Section 255.05, Florida Statutes, F.S.A., and the case of

Liberty Mut. Ins. v. AVENTURA ENGINEERING & CONST.

534 F. Supp. 2d 1290, 2008 WL 420031

District Court, S.D. Florida | Filed: Jan 8, 2008 | Docket: 1000794

Cited 2 times | Published

a performance bond with a surety insurer, See § 255.05(2), Fla. Stat. (1995). Although Florida law does

Aquatic Plant Mgt. v. Paramount Engineering

977 So. 2d 600, 2007 WL 4179674

District Court of Appeal of Florida | Filed: Nov 28, 2007 | Docket: 2540697

Cited 2 times | Published

the issuer of the payment bond required by section 255.05, Florida Statutes (2006). Counts I and III

American Home Assurance Co. v. APAC-FLA., INC.

834 So. 2d 369, 2003 WL 69549

District Court of Appeal of Florida | Filed: Jan 10, 2003 | Docket: 2504341

Cited 2 times | Published

shorter statute of limitations provided in section 255.05(2), Florida Statutes (1995), if it agrees to

Federal Ins. Co. v. Exel of Orlando, Inc.

685 So. 2d 896, 1996 Fla. App. LEXIS 12298, 1996 WL 672990

District Court of Appeal of Florida | Filed: Nov 22, 1996 | Docket: 1735078

Cited 2 times | Published

a payment bond for the project pursuant to section 255.05, Florida Statutes. Parrish hired various subcontractors

Herpel, Inc. v. Straub Capital Corp.

682 So. 2d 661, 1996 WL 637444

District Court of Appeal of Florida | Filed: Nov 6, 1996 | Docket: 1680986

Cited 2 times | Published

instant case because both cases dealt with section 255.05(2) and the meaning of "complete delivery "

SOUTHWEST FLA. RETIREMENT CTR., INC. v. Fed. Ins. Co.

682 So. 2d 1130

District Court of Appeal of Florida | Filed: Oct 9, 1996 | Docket: 1276343

Cited 2 times | Published

applicable in Florida Board of Regents was section 255.05, Florida Statutes (1965), which contained the

Runyon Enterprises v. Wicole Const. of Fl

677 So. 2d 909, 1996 WL 364812

District Court of Appeal of Florida | Filed: Jul 3, 1996 | Docket: 1268278

Cited 2 times | Published

statute to post payment and performance bonds. See § 255.05, Fla. Stat. (1995). National Union was the surety

Motor City Elec. Co. v. Ohio Cas. Ins. Co.

374 So. 2d 1068, 1979 Fla. App. LEXIS 15738

District Court of Appeal of Florida | Filed: Aug 14, 1979 | Docket: 122447

Cited 2 times | Published

provided for in the contract as prescribed by section 255.05 or section 713.23, Florida Statutes, whichever

Seaboard Surety Co. v. Acme Wellpoint Corp.

156 So. 2d 688

District Court of Appeal of Florida | Filed: Oct 9, 1963 | Docket: 60215784

Cited 2 times | Published

surety (Seaboard) on the bond as authorized by F.S. 255.05, F.S.A. The judgment of the lower court is reversed

Santa Rosa County v. RAYMOND BLANTON CONST. CO.

138 So. 2d 518

District Court of Appeal of Florida | Filed: Mar 8, 1962 | Docket: 1404103

Cited 2 times | Published

contractor to the county in compliance with Section 255.05, Florida Statutes 1941, F.S.A., and pursuant

East Coast Metal Decks, Inc. v. Boran Craig Barber Engel Construction Co.

114 So. 3d 311, 2013 WL 1979058, 2013 Fla. App. LEXIS 7804

District Court of Appeal of Florida | Filed: May 15, 2013 | Docket: 60231850

Cited 1 times | Published

was a claim against a payment bond and that section 255.05(5), Florida Statutes (2010), did not require

Halifax Paving, Inc. v. United States Fire Insurance

481 F. Supp. 2d 1331, 2007 U.S. Dist. LEXIS 25752

District Court, M.D. Florida | Filed: Apr 6, 2007 | Docket: 2288571

Cited 1 times | Published

and Material Payment Bond pursuant to Fla. Stat. § 255.05 on a construction project known as Palm Grove

National Erosion Control, Inc. v. Grubbs Construction Co. (In Re Grubbs Construction Co.)

306 B.R. 372, 17 Fla. L. Weekly Fed. B 114, 2004 Bankr. LEXIS 303, 2004 WL 541048

United States Bankruptcy Court, M.D. Florida | Filed: Mar 15, 2004 | Docket: 1774405

Cited 1 times | Published

surety, with Grubbs as principal pursuant to Section 255.05 of the Florida Statutes. There are two major

T & G Con., Inc. v. Pro-Tech Cond. and Heat. Ser., Inc.

834 So. 2d 258

District Court of Appeal of Florida | Filed: Nov 22, 2002 | Docket: 2100613

Cited 1 times | Published

payment bond obtained by T & G pursuant to section 255.05, Florida Statutes, in conjunction with this

Ja Dan, Inc. v. L-J, Inc.

898 F. Supp. 894, 1995 U.S. Dist. LEXIS 12941, 1995 WL 526536

District Court, S.D. Florida | Filed: Aug 18, 1995 | Docket: 65999264

Cited 1 times | Published

to deduct this amount. 13.Florida Statutes section 255.05(2) provides that, “[i]n any action brought

United Aluma Glass, Plaintiff-Counter-Defendant-Appellant v. Bratton Corporation, Defendant-Counter-Plaintiff-Appellee, Blount Brothers Corporation, Seaboard Surety Company Aetna Casualty Fireman's Fund Insurance Fidelity and Deposit Company of Maryland, Bratton Corporation v. Bankers Insurance Company, United Aluma Glass, Plaintiff-Counter-Defendant-Appellee v. Bratton Corporation, Defendant-Counter-Plaintiff-Appellant, Blount Brothers Corporation, Seaboard Surety Company Aetna Casualty Fireman's Fund Insurance Fidelity and Deposit Company of Maryland, Bratton Corporation v. Bankers Insurance Company

8 F.3d 756, 1993 U.S. App. LEXIS 31440

Court of Appeals for the Eleventh Circuit | Filed: Dec 3, 1993 | Docket: 733965

Cited 1 times | Published

Insurance Company, executed a payment bond under Section 255.05, Fla.Stat. (1991), insuring that Blount would

Duval Asphalt Products, Inc. v. E. Vaughn Rivers, Inc.

620 So. 2d 1043, 1993 WL 196338

District Court of Appeal of Florida | Filed: Jun 11, 1993 | Docket: 1387411

Cited 1 times | Published

action on a public construction bond pursuant to Section 255.05, Florida Statutes (1989), challenges the trial

US Fid. & Guar. Co. v. MIAMI SHEET METAL

516 So. 2d 29, 1987 WL 1776

District Court of Appeal of Florida | Filed: Nov 24, 1987 | Docket: 2572638

Cited 1 times | Published

surety on a payment bond, issued pursuant to Section 255.05(1)(a), Florida Statutes (1985), in connection

Pavex Corp. v. BROWARD CTY. BD. OF CTY. COM'RS.

498 So. 2d 1317

District Court of Appeal of Florida | Filed: Nov 26, 1986 | Docket: 1699704

Cited 1 times | Published

contractor by claiming against the surety under section 255.05, Florida Statutes (1985). However, the surety

Florida Board of Regents v. Fidelity & Deposit Co. of Maryland

416 So. 2d 30, 1982 Fla. App. LEXIS 20446

District Court of Appeal of Florida | Filed: Jun 30, 1982 | Docket: 64590922

Cited 1 times | Published

the trial court entered the summary judgment. Section 255.05, Florida Statutes (1965), is the applicable

Eger Block & Redi-Mix Co. v. Wheeler

207 So. 2d 698, 1968 Fla. App. LEXIS 5971

District Court of Appeal of Florida | Filed: Feb 21, 1968 | Docket: 64504379

Cited 1 times | Published

conformance with the provisions of Florida Statutes, Section 255.-05(1) (1965), F.S.A., the garnishee executed the

Broward County, Florida Commission ex rel. General Electric Co. v. Continental Casualty Co.

243 F. Supp. 118, 1965 U.S. Dist. LEXIS 7494

District Court, S.D. Florida | Filed: Jun 7, 1965 | Docket: 66032098

Cited 1 times | Published

(hereinafter called “CONTINENTAL”) under Florida Statute § 255.05 F.S.A., the pertinent provisions of which are

JD'S ASPHALT ENGINEERING CORP. v. ARCH INSURANCE COMPANY

District Court of Appeal of Florida | Filed: Oct 6, 2021 | Docket: 60627034

Published

forth in section 255.05 (10) of the Florida Statutes. 1 1 In relevant part, section 255.05(10) provides:

Travelers Casualty and Insurance Company of America v. Community Asphalt Corp.

221 So. 3d 742, 2017 WL 2457201, 2017 Fla. App. LEXIS 8311

District Court of Appeal of Florida | Filed: Jun 7, 2017 | Docket: 6070162

Published

restricting the venue of lawsuits based upon it. See § 255.05(1)(e), Fla. Stat. (2015). The General Contractor

Dane Construction & Co. v. Travelers Casualty & Surety Co. of America

207 F. Supp. 3d 1357, 2016 U.S. Dist. LEXIS 140882, 2016 WL 5724280

District Court, S.D. Florida | Filed: Sep 19, 2016 | Docket: 64310277

Published

1-5], By its terms, the Bond is governed by Section 255.05, Fla. Stat. (2011). See [DE 1-5] at pp. 1-2

Hartford Casualty Insurance v. City of Marathon

825 F. Supp. 2d 1276, 2011 U.S. Dist. LEXIS 133511

District Court, S.D. Florida | Filed: Nov 18, 2011 | Docket: 65976742

Published

action is governed by Florida state law. Fla. Stat. § 255.05 (2007). Accordingly, the Court’s analysis begins

Hartford Cas. Ins. Co. v. CITY OF MARATHON

825 F. Supp. 2d 1276, 2011 WL 5825503

District Court, S.D. Florida | Filed: Nov 18, 2011 | Docket: 149255

Published

action is governed by Florida state law. FLA. STAT. § 255.05 (2007). Accordingly, the Court's analysis begins

Ago

Florida Attorney General Reports | Filed: Jun 16, 2008 | Docket: 3256622

Published

(floating islands) a public work pursuant to section 255.05, Florida Statutes? You indicate that Citrus

Apac-Florida, Inc. v. Onebeacon Insurance Co.

888 So. 2d 126, 2004 Fla. App. LEXIS 17939, 2004 WL 2729722

District Court of Appeal of Florida | Filed: Nov 24, 2004 | Docket: 64834449

Published

statute of limitations for a bond issued under section 255.05, Florida Statutes (1997), where the bond was

Amendment to the Rules Regulating the Florida Bar

875 So. 2d 448, 29 Fla. L. Weekly Supp. 379, 2004 Fla. LEXIS 677, 2004 WL 1119496

Supreme Court of Florida | Filed: May 20, 2004 | Docket: 64831081

Published

arising out of the Florida Construction Lien Law, section 255.05, Florida Statutes, and the federal Miller Act

Reliance Insurance Co. v. Pro-Tech Conditioning & Heating

866 So. 2d 700, 2003 Fla. App. LEXIS 11145, 2003 WL 21713991

District Court of Appeal of Florida | Filed: Jul 25, 2003 | Docket: 64828345

Published

awarded Pro-Tech attorney’s fees, pursuant to section 255.05, Florida Statutes.1 On appeal, Reliance argues

School Board of Broward County v. Trane Co.

840 So. 2d 1095, 2003 Fla. App. LEXIS 2574, 2003 WL 728973

District Court of Appeal of Florida | Filed: Mar 5, 2003 | Docket: 64821600

Published

equitable lien upon funds retained pursuant to section 255.05, Florida Statutes (1998). We affirm. The School

Skilled Services Corp. v. Reliance Insurance Co.

763 So. 2d 1092, 1999 Fla. App. LEXIS 16543, 1999 WL 1115298

District Court of Appeal of Florida | Filed: Dec 8, 1999 | Docket: 64799185

Published

exempt from the preliminary notices requested by section 255.05(2)(a), Florida Statutes (1997). The parties

Devane v. P.J. Constructors, Inc.

710 So. 2d 1375, 1998 Fla. App. LEXIS 6514, 1998 WL 288278

District Court of Appeal of Florida | Filed: Jun 5, 1998 | Docket: 64781006

Published

include a request for attorney’s fees pursuant to section 255.05, Florida Statutes. On *1377September 10, 1996

Arena Development Co. v. Broward County

708 So. 2d 976, 4 Wage & Hour Cas.2d (BNA) 843, 1998 Fla. App. LEXIS 2651, 1998 WL 117540

District Court of Appeal of Florida | Filed: Mar 18, 1998 | Docket: 64780023

Published

receiving from the contractor the bond required by section 255.05, Florida Statutes (1951). The contractor defaulted

City of Fort Pierce v. Shannon R. Ginn Construction Co.

705 So. 2d 934, 1997 Fla. App. LEXIS 14348, 1998 WL 25567

District Court of Appeal of Florida | Filed: Dec 24, 1997 | Docket: 64778799

Published

that the statute of limitations contained in section 255.05(2), Florida Statutes (1989), properly applies

WPC, Inc. v. Hartford Accident & Indemnity Co.

698 So. 2d 1324, 1997 Fla. App. LEXIS 10458, 1997 WL 564181

District Court of Appeal of Florida | Filed: Sep 12, 1997 | Docket: 64775623

Published

on public construction projects set forth in section 255.05(1), Florida Statutes (1995), had been satisfied

Southwest Florida Retirement Center, Inc. v. Federal Insurance Co.

682 So. 2d 1130, 1996 Fla. App. LEXIS 10389

District Court of Appeal of Florida | Filed: Oct 9, 1996 | Docket: 64768995

Published

universally employed by the bond industry. See § 255.05(3), Fla. Stat. (relating to public bonds); 17

Ago

Florida Attorney General Reports | Filed: May 10, 1995 | Docket: 3257316

Published

substantially the following question: Does section 255.05, Florida Statutes, require a contractor who

Haskell Co. v. PEEPLES CONST. CO. INC.

648 So. 2d 833, 1995 Fla. App. LEXIS 84, 1995 WL 6390

District Court of Appeal of Florida | Filed: Jan 10, 1995 | Docket: 1342868

Published

interpreted the 45-day notice provision in section 255.05(2), Florida Statutes, as requiring the appellant

United Aluma Glass v. Bratton Corp.

8 F.3d 756, 1993 WL 470599

Court of Appeals for the Eleventh Circuit | Filed: Dec 3, 1993 | Docket: 64015402

Published

Insurance Company, executed a payment bond under Section 255.05, Fla.Stat. (1991), insuring that Blount would

American Insurance Co. v. Joyner Electric, Inc.

618 So. 2d 799, 1993 Fla. App. LEXIS 5889, 1993 WL 179433

District Court of Appeal of Florida | Filed: May 28, 1993 | Docket: 64696446

Published

American Insurance Company (American), pursuant to section 255.05, Florida Statutes (1989), issued a labor and

Blazer Construction Industries, Inc. v. Fidelity & Guaranty Insurance Co.

616 So. 2d 622, 1993 Fla. App. LEXIS 4176, 1993 WL 113416

District Court of Appeal of Florida | Filed: Apr 14, 1993 | Docket: 64695430

Published

entitlement to recovery against appellee under section 255.05, Florida Statutes (1991), either as a claimant

Sharpe, Inc. v. Neil Spear, Inc.

611 So. 2d 66, 1992 Fla. App. LEXIS 13332, 1992 WL 385389

District Court of Appeal of Florida | Filed: Dec 30, 1992 | Docket: 64693137

Published

comply with the statutory notice requirements of section 255.05(2), Florida Statutes (1989). We find that the

Fidelity & Deposit Co. of Maryland v. Waldron's, Inc.

608 So. 2d 119, 1992 Fla. App. LEXIS 11344, 1992 WL 317565

District Court of Appeal of Florida | Filed: Nov 4, 1992 | Docket: 64691784

Published

required to, and did, post bond in compliance with section 255.05, Florida Statutes (1989). Appellee, Waldron

Burke Co. v. Bruce M. Ross Co.

585 So. 2d 382, 1991 Fla. App. LEXIS 8159, 1991 WL 156623

District Court of Appeal of Florida | Filed: Aug 15, 1991 | Docket: 64661338

Published

summary judgment for appellees holding that section 255.05, Florida Statutes, requires that notice of

Tremack Co. v. Federal Ins. Co.

569 So. 2d 1355, 1990 Fla. App. LEXIS 8583, 1990 WL 175767

District Court of Appeal of Florida | Filed: Nov 13, 1990 | Docket: 1190392

Published

for work done on the project, pursuant to section 255.05, Florida Statutes (1989). The contract between

K.T. Transport, Inc. v. MCI Constructors, Inc.

571 So. 2d 41, 1990 Fla. App. LEXIS 8059, 1990 WL 156866

District Court of Appeal of Florida | Filed: Oct 17, 1990 | Docket: 64654938

Published

comply with the pre-suit notice provisions of section 255.05, Florida Statutes (1987). We reverse. In February

Bordelon Bros. Towing Co. v. Piling & Structures, Inc.

906 F.2d 528, 1990 WL 90253

Court of Appeals for the Eleventh Circuit | Filed: Jul 19, 1990 | Docket: 66255399

Published

to provide an indemnity bond as required by section 255.05(1) of the Florida Statutes,2 a part of the

Bordelon Brothers Towing Company v. Piling & Structures, Inc.

906 F.2d 528, 1990 U.S. App. LEXIS 12022

Court of Appeals for the Eleventh Circuit | Filed: Jul 19, 1990 | Docket: 2047001

Published

to provide an indemnity bond as required by section 255.05(1) of the Florida Statutes,2 a part of the

Hammet Co. v. Federal Insurance Co.

560 So. 2d 326, 1990 Fla. App. LEXIS 3020, 1990 WL 48662

District Court of Appeal of Florida | Filed: Apr 23, 1990 | Docket: 64650134

Published

This motion for summary judgment was granted. Section 255.05(2), Florida Statutes, provides: “No action

Southeastern Municipal Supply Co. v. Seaboard Surety Co.

552 So. 2d 259, 14 Fla. L. Weekly 2574, 1989 Fla. App. LEXIS 6276, 1989 WL 133052

District Court of Appeal of Florida | Filed: Nov 8, 1989 | Docket: 64646335

Published

obligation to pay for alb materials and labor, and section 255.05, Florida Statutes (1987) gives the material-men

D.I.C. Commercial Construction Corp. v. Knight Erection & Fabrication Inc.

547 So. 2d 977, 14 Fla. L. Weekly 1819, 1989 Fla. App. LEXIS 4348

District Court of Appeal of Florida | Filed: Aug 2, 1989 | Docket: 64644450

Published

on its contract with Woven Wire as required by § 255.05(2), Florida Statutes which provides: *979A claimant

Southern Steel Co. v. HOBBS CONST. & DEV., INC.

543 So. 2d 843, 1989 WL 49925

District Court of Appeal of Florida | Filed: May 16, 1989 | Docket: 2533883

Published

first the claim against Hobbs and American. Section 255.05, Florida Statutes (1987), requires a contractor's

Buffalo Tank Corp. v. Environmental Control Equipment, Inc.

544 So. 2d 1037, 14 Fla. L. Weekly 1179, 1989 Fla. App. LEXIS 2596, 1989 WL 49590

District Court of Appeal of Florida | Filed: May 12, 1989 | Docket: 64643128

Published

retained funds in excess of $10,000 pursuant to section 255.05, Florida Statutes (1985). Buffalo Tank alleged

Giardiello v. Balboa Insurance

837 F.2d 1566, 1988 WL 8600

Court of Appeals for the Eleventh Circuit | Filed: Feb 26, 1988 | Docket: 66231434

Published

bonds on public projects. See Fla.Stat. *1569Ann. § 255.05 (West Supp.1987). Appellants alleged that the

C.E.S. Industries, Inc. v. Strelitz Construction, Inc.

514 So. 2d 385, 12 Fla. L. Weekly 2258, 1987 Fla. App. LEXIS 10284

District Court of Appeal of Florida | Filed: Sep 16, 1987 | Docket: 64630442

Published

substantially complied with the provisions of Section 255.05(2). We also note that under the statutory provision

Walter E. Heller & Co. Southeast v. Palmer-Smith

504 So. 2d 511, 12 Fla. L. Weekly 857, 1987 Fla. App. LEXIS 7369

District Court of Appeal of Florida | Filed: Mar 26, 1987 | Docket: 64626019

Published

complied with a similarly worded requirement in section 255.05(2), Florida Statutes (1977).2 The court held

Laborers Health & Welfare Trust Fund v. KMM Construction Co.

651 F. Supp. 344, 1987 U.S. Dist. LEXIS 269

District Court, S.D. Florida | Filed: Jan 9, 1987 | Docket: 66169928

Published

pursuant to pendent jurisdiction claimed under Fla.Stat. 255.05 (The Florida Little Miller Act), and Fla.Stat

Northwestern, Inc. v. Ward Land Clearing & Drainage, Inc.

500 So. 2d 615, 12 Fla. L. Weekly 52, 1986 Fla. App. LEXIS 10996

District Court of Appeal of Florida | Filed: Dec 23, 1986 | Docket: 64624256

Published

attorney’s fee must be found in the statutes. Section 255.05(2), Florida Statutes (1983)4 requires that

Pavex Corp. v. Broward County Board of County Commissioners

498 So. 2d 1317, 11 Fla. L. Weekly 2471, 1986 Fla. App. LEXIS 10806

District Court of Appeal of Florida | Filed: Nov 26, 1986 | Docket: 64623746

Published

contractor by claiming against the surety under section 255.05, Florida Statutes (1985). However, the surety

American Insurance Co. v. Von Engineering Co.

492 So. 2d 425, 11 Fla. L. Weekly 1571, 1986 Fla. App. LEXIS 8865

District Court of Appeal of Florida | Filed: Jul 17, 1986 | Docket: 64620956

Published

by summary judgment. Therefore, I dissent. . § 255.05(2), Fla.Stat. (1981).

Pinewood Plumbing Supply, Inc. v. Centennial Construction, Inc.

489 So. 2d 216, 11 Fla. L. Weekly 1260, 1986 Fla. App. LEXIS 8150

District Court of Appeal of Florida | Filed: Jun 3, 1986 | Docket: 64619721

Published

Centen*217nial Construction, Inc. (Centennial), under section 255.05, Florida Statutes (1983). Pinewood concedes

Bob Cooper Inc. v. City of Venice (In re Bob Cooper Inc.)

60 B.R. 579, 1986 Bankr. LEXIS 6172

United States Bankruptcy Court, M.D. Florida | Filed: Apr 25, 1986 | Docket: 65779179

Published

a payment and performance bond as required by § 255.05 of Florida Statutes, therefore, so claims Empire

Jones v. Darin & Armstrong, Inc.

785 F.2d 1521, 27 Wage & Hour Cas. (BNA) 1151

Court of Appeals for the Eleventh Circuit | Filed: Apr 7, 1986 | Docket: 66214437

Published

Judge: Florida’s “Little Miller Act”, Fla. Stat. § 255.05 (1983), requires all general contractors for public

Allan Electric Co. v. Power Facilities, Inc.

450 So. 2d 1145, 1984 Fla. App. LEXIS 12763

District Court of Appeal of Florida | Filed: Apr 19, 1984 | Docket: 64605242

Published

this case as a statutory bond pursuant to section 255.-05, Florida Statutes (1979), rather than a common-law

Northwestern, Inc. v. Gulf Asphalt

443 So. 2d 508, 1984 Fla. App. LEXIS 11360

District Court of Appeal of Florida | Filed: Jan 18, 1984 | Docket: 64602039

Published

performance bond on this project in accordance with section 255.05, Florida Statutes (1981). Northwestern’s contract

R.W. Roberts Construction Co. v. St. Johns River Water Management District ex rel. McDonald Electric & Repair Service, Inc.

423 So. 2d 630, 1982 Fla. App. LEXIS 22006

District Court of Appeal of Florida | Filed: Dec 22, 1982 | Docket: 64594026

Published

seeking recovery under the bond pursuant to section 255.05, Florida Statutes (1979). The portion of the

Miami-Dade Water & Sewer Authority v. Progress Supply, Inc.

389 So. 2d 253, 1980 Fla. App. LEXIS 17839

District Court of Appeal of Florida | Filed: Sep 30, 1980 | Docket: 64578441

Published

for all state or local public works projects, § 255.05, Fla.Stat. (1979), serves much the same purpose

Mikanto Construction Corp. v. Dade County

379 So. 2d 138, 1980 Fla. App. LEXIS 15722

District Court of Appeal of Florida | Filed: Jan 8, 1980 | Docket: 64574005

Published

so the instant suit was filed pursuant to Section 255.05, Florida Statutes (1975), seeking recovery

Quality Glass & Mirror, Inc. v. Ritch

373 So. 2d 723, 1979 Fla. App. LEXIS 15418

District Court of Appeal of Florida | Filed: Aug 9, 1979 | Docket: 64571430

Published

payment bond was a statutory bond pursuant to Section 255.05, Florida Statutes (1977), and that appellant

State, Department of Transportation ex rel. Consolidated Pipe & Supply Co. v. Houdaille Industries, Inc.

372 So. 2d 1177, 1979 Fla. App. LEXIS 15198

District Court of Appeal of Florida | Filed: Jul 18, 1979 | Docket: 64571099

Published

the notice provisions and time limitations of Section 255.05(2), Florida Statutes (1975), even though the

Heinz Paving & Asphalt Co. v. United States Fidelity & Guaranty Co.

360 So. 2d 29, 1978 Fla. App. LEXIS 15752

District Court of Appeal of Florida | Filed: Jun 7, 1978 | Docket: 64565109

Published

on a performance bond furnished pursuant to Section 255.05, Florida Statutes (1975). The trial court sustained

Southwest Florida Water Management District ex rel. Thermal Acoustic Corp. v. Miller Construction Co.

355 So. 2d 1258, 1978 Fla. App. LEXIS 15105

District Court of Appeal of Florida | Filed: Mar 10, 1978 | Docket: 64563256

Published

contract was a statutory bond given pursuant to Section 255.05, Florida Statutes (1975), or a more broadly

Southwest Florida Water Management District ex rel. Thermal Acoustic Corp. v. Miller Construction Co.

355 So. 2d 1258, 1978 Fla. App. LEXIS 15105

District Court of Appeal of Florida | Filed: Mar 10, 1978 | Docket: 64563256

Published

contract was a statutory bond given pursuant to Section 255.05, Florida Statutes (1975), or a more broadly

District School Board of Pasco County ex rel. Wiremold Co. v. Gulf Contracting, Inc.

337 So. 2d 1036, 1976 Fla. App. LEXIS 15540

District Court of Appeal of Florida | Filed: Oct 8, 1976 | Docket: 64555307

Published

and its surety on the bond furnished under Section 255.05, Florida Statutes. The thrust of Wiremold’s

City of Stuart v. Clifford Ragsdale, Inc.

407 F. Supp. 1368, 92 L.R.R.M. (BNA) 3679, 1976 U.S. Dist. LEXIS 16281

District Court, S.D. Florida | Filed: Mar 5, 1976 | Docket: 66114184

Published

three surety defendants, who pursuant to Fla.Stat. § 255.05, issued performance and payment bonds *1369to

American Cast Iron Pipe Co. v. Peabody-Petersen Co.

328 So. 2d 229, 1976 Fla. App. LEXIS 14813

District Court of Appeal of Florida | Filed: Feb 27, 1976 | Docket: 64552776

Published

requirements and time limitations of Fla.Stat. § 255.05(2) (1973). The facts in this case are substantially

C. Wallace Industries, Inc. v. State ex rel. Suncoast Equipment Rental Service

269 So. 2d 392

District Court of Appeal of Florida | Filed: Nov 1, 1972 | Docket: 64528825

Published

public works construction contract and pursuant to § 255.05, F.S., 1967, F.S.A. A third party action ensued

Roy L. Willard, Inc. v. United Bonding Insurance

210 So. 2d 724, 1968 Fla. App. LEXIS 5592

District Court of Appeal of Florida | Filed: Jun 4, 1968 | Docket: 64505444

Published

PER CURIAM. Affirmed. See: § 255.05(2), Fla.Stat. 1965, F.S.A.; Schneider v. Cohan, Fla.1955, 82 So

Logan v. Aetna Casualty & Surety Co.

208 So. 2d 131, 1968 Fla. App. LEXIS 5722

District Court of Appeal of Florida | Filed: Mar 8, 1968 | Docket: 64504491

Published

the general contractor or his surety. Fla.Stat. § 255.05, F.S.A. This meant,one year from the date of the

Florida ex rel. Westinghouse Electric Supply Co. v. Marvin

280 F. Supp. 1019, 1967 U.S. Dist. LEXIS 8910

District Court, S.D. Florida | Filed: Dec 6, 1967 | Docket: 66046183

Published

Anderson Electric, Inc. Pursuant to Florida Statutes § 255.05, F.S.A., both defendants Thompson and Anderson

Aetna Casualty & Surety Co. v. Board of Public Instruction

195 So. 2d 41, 1967 Fla. App. LEXIS 5316

District Court of Appeal of Florida | Filed: Feb 10, 1967 | Docket: 64499735

Published

company was surety for the project pursuant to Section 255.05, Fla.Stats., F.S.A. In July, August and September

Board of Public Instruction v. Travelers Indemnity Co.

190 So. 2d 32, 1966 Fla. App. LEXIS 4856

District Court of Appeal of Florida | Filed: Jul 29, 1966 | Docket: 64498060

Published

the one year statute of limitations under Section 255.-05(2), Florida Statutes, 1963, F.S.A. Motions

North Broward Hospital District ex rel. Southern Insulation Corp. v. Lee

188 So. 2d 54, 1966 Fla. App. LEXIS 5064

District Court of Appeal of Florida | Filed: Jun 17, 1966 | Docket: 64497187

Published

works bond furnished by a contractor under Section 255.05, Fla.Stats. F.S.A.1 In the course of our opinion

Southern Gulf Utilities, Inc. v. United Benefit Fire Insurance

179 So. 2d 618, 1965 Fla. App. LEXIS 3800

District Court of Appeal of Florida | Filed: Nov 2, 1965 | Docket: 64494559

Published

case, supra, involved the interpretation of Section 255.05, Florida Statutes, F.S.A., and the Gibbs case

W. F. Thompson Construction Co. v. Southeastern Palm Beach County Hospital District

174 So. 2d 410, 1965 Fla. App. LEXIS 4545

District Court of Appeal of Florida | Filed: Apr 27, 1965 | Docket: 64492872

Published

that the ninety day provision was repugnant to Section 255.05, Florida Statutes, F.S.A., as written before

Board of County Commissioners v. Gulf Pipeline Co.

168 So. 2d 757

District Court of Appeal of Florida | Filed: Nov 17, 1964 | Docket: 64491131

Published

if any, on the performance bond required by Section 255.05.1 Florida Statutes, F.S.A., and which was presumably

Clutter Construction Corp. v. Baker Bros.

168 So. 2d 576

District Court of Appeal of Florida | Filed: Oct 29, 1964 | Docket: 64491067

Published

court, the plaintiff sufficiently complied with Section 255.05(2), Florida Statutes, F.S.A., requiring a materialman

Edelblut Construction Co. v. Free

149 So. 2d 360

District Court of Appeal of Florida | Filed: Jan 11, 1963 | Docket: 60209678

Published

Hardrives damages in excess of those allowed by Section 255.05, Florida Statutes, F.S.A. 4) The chancellor

Indemnity Insurance Co. of North America v. Board of Public Instruction ex rel. E. J. Koyl, Inc.

141 So. 2d 315, 1962 Fla. App. LEXIS 3250

District Court of Appeal of Florida | Filed: May 2, 1962 | Docket: 60204741

Published

demanded judgment against defendant surety, citing section 255.05, Florida Statutes, as authority for its claim

State ex rel. Westinghouse Electric Corp. v. Clutter Construction Corp.

132 So. 2d 21, 1961 Fla. App. LEXIS 2834

District Court of Appeal of Florida | Filed: Jul 6, 1961 | Docket: 60198029

Published

the surety on the performance bond required by § 255.05, Fla.Stat., F.S.A.1 *22The original action was

Crane Co. v. Bradford Builders, Inc.

116 So. 2d 794

District Court of Appeal of Florida | Filed: Jan 7, 1960 | Docket: 60194011

Published

counterclaim and cross-claim under the provisions of section 255.05, Fla.Stat., F.S.A.1 Crane alleged that it was

Woodalls, Inc. v. Varn

99 So. 2d 887

District Court of Appeal of Florida | Filed: Jan 29, 1958 | Docket: 64490027

Published

“liability created by statute,” Florida Statutes, § 255.05, F.S.A., and, therefore, governed by the provisions

Pan American Surety Co. v. Board of Public Instruction

99 So. 2d 890

District Court of Appeal of Florida | Filed: Jan 21, 1958 | Docket: 64490028

Published

statutory public works bond, required under Section 255.05, Fla.Stat., F.S.A., against the surety. The