Florida Statute 627.756 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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F.S. 627.756

627.756 Bonds for construction contracts; attorney fees in case of suit.—

(1) In a suit brought by an owner, a contractor, a subcontractor, a laborer, or a materialman against a surety insurer under payment or performance bonds written by the insurer under the laws of this state to indemnify against pecuniary loss by breach of a building or construction contract, upon the rendition of a judgment or decree by any of the courts of this state against the surety insurer and in favor of the owner, contractor, subcontractor, laborer, or materialman, the trial court or, in the event of an appeal in which the owner, contractor, subcontractor, laborer, or materialman prevails, the appellate court, shall adjudge or decree against the surety insurer and in favor of the owner, contractor, subcontractor, laborer, or materialman a reasonable sum as fees or compensation for the attorney prosecuting the suit in which the recovery is had.

(2) A surety who issues a bid, performance, or payment bond in connection with construction activities where hazardous substances exist or are discovered is liable under ss. 376.308 and 403.727 only to the extent provided in this subsection. In case of a default, the surety is liable only for the cost of completion of the contract work in accordance with the plans and specifications, less the balance of funds remaining to be paid under the contract, up to the penal sum of the bond. The surety is not liable on a bond to indemnify or compensate the obligee for loss or liability arising from personal injury or property damage, whether or not caused by a breach of the bonded contract. Further, a right of action does not accrue on a bond to or for the use of any person other than the obligee named in the bond.

History.—s. 616, ch. 59-205; s. 1, ch. 70-334; s. 3, ch. 76-168; s. 17, ch. 77-353; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 569, 573, 809(2nd), ch. 82-243; s. 79, ch. 82-386; ss. 87, 114, ch. 92-318; s. 2, ch. 2019-94; s. 12, ch. 2023-15.

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Amendments to 627.756

Arrestable Offenses / Crimes under Fla. Stat. 627.756

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 627.756.

Annotations, Discussions, Cases:

Cases Citing Statute 627.756

Total Results: 20

Sanchez v. AN Luxury Imports of Pembroke Pines, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-04-12T00:00:00-07:00

Citation: 216 So. 3d 723, 2017 WL 1364000, 2017 Fla. App. LEXIS 5057

Snippet: DCA 2012) (“Under [section 627.428 and section 627.756, Florida Statutes], the claimant is not required

Continental Casualty Co. v. A.W. Baylor Versapanel-Plastering, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2012-09-07T00:00:00-07:00

Citation: 97 So. 3d 937, 2012 WL 3870415, 2012 Fla. App. LEXIS 14986

Snippet: to recover attorney’s fees pursuant to sections 627.756 and 627.428, Florida Statutes (2007). These statutes…sections 713.29, but also pursuant to sections 627.756 and 627.428. After declining to award attorney’…address Baylor’s claim for fees under sections 627.756 and 627.428: The Panel, having reviewed the sub-mittals…right to attorneys’ fees under Secs. 627.428 and 627.756, Fla. Stat. Baylor then filed a motion with the…court to recover attorney’s fees under sections 627.756 and 627.428. In its motion, Baylor did not challenge

Tierra Holdings, Ltd. v. Mercantile Bank

Court: Fla. Dist. Ct. App. | Date Filed: 2011-05-18T00:00:00-07:00

Citation: 78 So. 3d 558, 2011 Fla. App. LEXIS 7152, 2011 WL 1879200

Snippet: attorney's fees pursuant to sections 627.428 and 627.756, Florida Statutes (1989). 645 So.2d at 421. Section…performance bonds written by a surety insurer by section 627.756, provided a one-way-street whereby an insured or

DADELAND DEPOT. v. St. Paul Fire and Marine

Court: Fla. | Date Filed: 2006-12-21T00:00:00-08:00

Citation: 945 So. 2d 1216

Snippet: construction contract. See § 627.756, Fla. Stat. (1999). Section 627.756 provides that the general provision…code. Specifically, Dadeland refers to section 627.756 of the Florida Statutes, which governs attorney…beneficiaries for purposes of this section." § 627.756(1), Fla. Stat. (1999). Dadeland contends that the…definition of an "insured" solely to section 627.756. Additionally, St. Paul argues that the express… Legislature's intent in enacting section 627.756 was to not only identify obligees as standing in

Kel Homes, LLC v. Burris

Court: Fla. Dist. Ct. App. | Date Filed: 2006-07-21T00:00:00-07:00

Citation: 933 So. 2d 699

Snippet: of a judgment against any insurer, and section 627.756, which applied section 627.428 to "suits"…holding that the term "suit" in section 627.756 should be construed to include arbitration proceedings

Bluegrass Art Cast, Inc. v. Consolidated Erection Services, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2004-03-04T23:53:00-08:00

Citation: 870 So. 2d 196

Snippet: authorize the use of a multiplier nor does section 627.756, Florida Statutes (2001), which was another basis…shifting statutes such as sections 627.428 and 627.756, Florida Statutes (2001). In the meantime, we follow

McCarthy Bros. Co. v. Tilbury Const., Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2003-03-09T23:53:00-08:00

Citation: 849 So. 2d 7

Snippet: attorney's fees from Nobel. See §§ 627.428 and 627.756, Fla. Stat. (2001). These sections are a "

H & S CORP. v. US Fidelity & Guar. Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1995-12-18T23:53:00-08:00

Citation: 667 So. 2d 393

Snippet: bond or by reason of Fla. Stat. § 627.428 and 627.756 to recover the attorneys' fees ... incurred

Baker Protective Services v. FP INC.

Court: Fla. Dist. Ct. App. | Date Filed: 1995-07-19T00:53:00-07:00

Citation: 659 So. 2d 1120

Snippet: amp; D, pursuant to Florida Statutes, Sections 627.756 and 627.428. This argument lacks merit, however

Danis Industries v. GROUND IMP. TECH.

Court: Fla. | Date Filed: 1994-11-16T23:53:00-08:00

Citation: 645 So. 2d 420

Snippet: x27;S FEES MADE PURSUANT TO SECTIONS 627.428 AND 627.756, FLORIDA STATUTES? Danis Industries Corp. v. Ground…losses associated with construction projects, § 627.756, Fla. Stat. (1989), which is the case at hand here

Higley South v. Quality Engineered Inst.

Court: Fla. Dist. Ct. App. | Date Filed: 1994-01-04T23:53:00-08:00

Citation: 632 So. 2d 615

Snippet: Because an award of fees under sections 627.428 and 627.756 would relieve Quality of its $29,000.00 obligation

Danis Ind. v. Ground Imp. Techniques

Court: Fla. Dist. Ct. App. | Date Filed: 1993-12-22T23:53:00-08:00

Citation: 629 So. 2d 985

Snippet: project." § 627.756, Fla. Stat. (1989). Thus, under sections 627.428 and 627.756, a subcontractor…;s fees *987 against Seaboard. See §§ 627.428, 627.756, Fla. Stat. (1989) (authorizing an award of attorney…#39;s fees made pursuant to sections 627.428 and 627.756, Florida Statutes (1989). Section 627.428 provides…#39;S FEES MADE PURSUANT TO SECTIONS 627.428 AND 627.756, FLORIDA STATUTES? AFFIRMED in part; REVERSED in

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

Court: Fla. Dist. Ct. App. | Date Filed: 1993-06-11T00:53:00-07:00

Citation: 620 So. 2d 1043

Snippet: award of attorney fees under sections 627.428 and 627.756, Florida Statutes (1989). We reverse.[1] The Duval…sought attorney fees under sections 627.428 and 627.756, Florida Statutes (1989). Section 627.428(1) provides…the suit in which the recovery is had. Section 627.756 provides: Section 627.428 applies to suits brought…of this section. Appellees argued that section 627.756 does not expressly provide for an award of attorney…fees." In order to properly construe section 627.756, we must first look to the development of the mechanics

Willey v. MK Roark, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1993-04-14T00:53:00-07:00

Citation: 616 So. 2d 1140

Snippet: 627.428, Florida Statutes (1990), and section 627.756, Florida Statutes (1990).[1]*1142 We agree. The…408 So.2d 1044 (Fla. 1982), noted that section 627.756 specifically fails to mention actions to enforce…quot; Id. The court wrote: Prior to 1977, section 627.756 contained two subsections. The first of these related… will be governed by the provisions of section 627.756. Fitzgerald & Co. v. Roberts Electrical…insurance provisions under sections 627.428 and 627.756.'" Id. [citing Shores Supply Co. v. Aetna

Walter N. Vance, III, Inc. v. Freeman

Court: Fla. Dist. Ct. App. | Date Filed: 1992-12-16T00:00:00-08:00

Citation: 610 So. 2d 98, 1992 Fla. App. LEXIS 12857, 1992 WL 371351

Snippet: the Insurance Code, such as sections 627.428 and 627.756, Florida Statutes. Insurance Co. of North America…713.29 cannot be compared with sections 627.428 and 627.756. Fees are not awardable under former section 713.29

DiStefano Const., Inc. v. Fidelity & Deposit Co. of Md.

Court: Fla. | Date Filed: 1992-02-06T00:00:00-08:00

Citation: 597 So. 2d 248

Snippet: any proceeding to enforce said lien. [4] See § 627.756, Fla. Stat. (1987). [5] See § 627.736(8), Fla.

Insurance Co. of N. Am. v. ACOUSTI ENG. CO.

Court: Fla. | Date Filed: 1991-05-02T00:53:00-07:00

Citation: 579 So. 2d 77

Snippet: attorney's fees pursuant to sections 627.428 and 627.756, Florida Statutes (1987).[1] *79 In Acousti Engineering…attorney's fees awarded pursuant to section 627.756 are not barred merely because the amount due the…court, holding that "sections 627.428 and 627.756, Florida Statutes (1987), authorize an award of…;S FEES RECOVERABLE UNDER SECTION 627.428 [AND 627.756, FLORIDA STATUTES (1987)] INCLUDE THOSE INCURRED…JJ., concur. NOTES [1] Sections 627.428(1) and 627.756 provide, in pertinent part: 627.428 Attorney'

Park Shore Dev. Co. v. Higley South, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1990-01-11T23:53:00-08:00

Citation: 556 So. 2d 439

Snippet: and St. Paul. We held that sections 627.428 and 627.756, Florida Statutes (1987), authorize an award of

Fewox v. McMerit Const. Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1989-12-05T23:53:00-08:00

Citation: 556 So. 2d 419

Snippet: performance bond pursuant to sections 627.428 and 627.756, Florida Statutes (1987). Although the trial court…interpretation of two statutes, sections 627.428 and 627.756, Florida Statutes (1987), which they contend allow…the suit in which the recovery is had. Section 627.756 provides: Section 627.428 applies to suits brought…arbitration proceedings? (2) Do sections 627.428 and 627.756 authorize an award of attorney's fees against…attorney's fees pursuant to sections 627.428 and 627.756, even though the arbitration award had been paid

Insurance Co. v. Acousti Eng'g Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1989-10-05T00:53:00-07:00

Citation: 549 So. 2d 790

Snippet: pursuant to sections 627.756 and 627.428 of the Insurance Code. See §§ 627.756, 627.428, Fla. Stat. (…attorney's fees awarded pursuant to section 627.756 are not barred merely because the amount due the