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: District Court of Appeal of Florida | Date Filed: 2017-04-12

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: District Court of Appeal of Florida | Date Filed: 2012-09-07

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

Tierra Holdings, Ltd. v. Mercantile Bank

Court: District Court of Appeal of Florida | Date Filed: 2011-05-18

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

DADELAND DEPOT. v. St. Paul Fire and Marine

Court: Supreme Court of Florida | Date Filed: 2006-12-21

Citation: 945 So. 2d 1216, 31 Fla. L. Weekly Supp. 882, 2006 Fla. LEXIS 2953, 2006 WL 3741019

Snippet: code. Specifically, Dadeland refers to section 627.756 of the Florida Statutes, which governs attorney

Kel Homes, LLC v. Burris

Court: District Court of Appeal of Florida | Date Filed: 2006-07-21

Citation: 933 So. 2d 699, 2006 WL 2033904

Snippet: of a judgment against any insurer, and section 627.756, which applied section 627.428 to "suits" brought

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

Court: District Court of Appeal of Florida | Date Filed: 2004-03-05

Citation: 870 So. 2d 196, 2004 Fla. App. LEXIS 2939, 2004 WL 399620

Snippet: authorize the use of a multiplier nor does section 627.756, Florida Statutes (2001), which was another basis

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

Court: District Court of Appeal of Florida | Date Filed: 2003-03-10

Citation: 849 So. 2d 7, 2003 Fla. App. LEXIS 3062, 2003 WL 882356

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

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

Court: District Court of Appeal of Florida | Date Filed: 1995-12-19

Citation: 667 So. 2d 393, 1995 WL 746381

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

Baker Protective Services v. FP INC.

Court: District Court of Appeal of Florida | Date Filed: 1995-07-19

Citation: 659 So. 2d 1120, 1995 WL 421874

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

Danis Industries v. GROUND IMP. TECH.

Court: Supreme Court of Florida | Date Filed: 1994-11-17

Citation: 645 So. 2d 420, 1994 WL 643759

Snippet: ATTORNEY'S FEES MADE PURSUANT TO SECTIONS 627.428 AND 627.756, FLORIDA STATUTES? Danis Industries Corp. v. Ground

Higley South v. Quality Engineered Inst.

Court: District Court of Appeal of Florida | Date Filed: 1994-01-05

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: District Court of Appeal of Florida | Date Filed: 1993-12-23

Citation: 629 So. 2d 985, 1993 WL 538928

Snippet: attorney's fees *987 against Seaboard. See §§ 627.428, 627.756, Fla. Stat. (1989) (authorizing an award of attorney's

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

Court: District Court of Appeal of Florida | Date Filed: 1993-06-11

Citation: 620 So. 2d 1043, 1993 WL 196338

Snippet: award of attorney fees under sections 627.428 and 627.756, Florida Statutes (1989). We reverse.[1] The Duval

Willey v. MK Roark, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1993-04-14

Citation: 616 So. 2d 1140, 1993 WL 113318

Snippet: 627.428, Florida Statutes (1990), and section 627.756, Florida Statutes (1990).[1]*1142 We agree. The

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

Court: District Court of Appeal of Florida | Date Filed: 1992-12-16

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

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

Court: Supreme Court of Florida | Date Filed: 1992-02-06

Citation: 597 So. 2d 248, 17 Fla. L. Weekly Supp. 83, 1992 Fla. LEXIS 187, 1992 WL 18562

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: Supreme Court of Florida | Date Filed: 1991-05-02

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

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

Court: District Court of Appeal of Florida | Date Filed: 1990-01-12

Citation: 556 So. 2d 439, 1990 WL 1601

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: District Court of Appeal of Florida | Date Filed: 1989-12-06

Citation: 556 So. 2d 419, 1989 WL 147957

Snippet: performance bond pursuant to sections 627.428 and 627.756, Florida Statutes (1987). Although the trial court

Insurance Co. v. Acousti Eng'g Co.

Court: District Court of Appeal of Florida | Date Filed: 1989-10-05

Citation: 549 So. 2d 790, 1989 WL 114239

Snippet: pursuant to sections 627.756 and 627.428 of the Insurance Code. See §§ 627.756, 627.428, Fla. Stat. (1987)