Florida Statute 627.756 - Full Text and Legal Analysis

The 2025 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

Annotations, Discussions, Cases:

Cases Citing Statute 627.756

Total Results: 40

DADELAND DEPOT. v. St. Paul Fire and Marine

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

Supreme Court of Florida | Filed: Dec 21, 2006 | Docket: 2451707

Cited 49 times | Published

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

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

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

Supreme Court of Florida | Filed: Feb 6, 1992 | Docket: 1704824

Cited 28 times | Published

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

Danis Industries v. GROUND IMP. TECH.

645 So. 2d 420, 1994 WL 643759

Supreme Court of Florida | Filed: Nov 17, 1994 | Docket: 1168939

Cited 27 times | Published

losses associated with construction projects, § 627.756, Fla. Stat. (1989), which is the case at hand

Fewox v. McMerit Const. Co.

556 So. 2d 419, 1989 WL 147957

District Court of Appeal of Florida | Filed: Dec 6, 1989 | Docket: 543095

Cited 27 times | Published

prosecuting the suit in which the recovery is had. Section 627.756 provides: Section 627.428 applies to suits

L. Ross, Inc. v. RW Roberts Const. Co.

481 So. 2d 484, 11 Fla. L. Weekly 31

Supreme Court of Florida | Filed: Jan 16, 1986 | Docket: 1332826

Cited 26 times | Published

insureds recover judgments against insurers. Section 627.756 (formerly 627.0905), Florida Statutes (1983)

L. ROSS v. RW Roberts Const. Co.

466 So. 2d 1096, 10 Fla. L. Weekly 285, 1985 Fla. App. LEXIS 12171

District Court of Appeal of Florida | Filed: Jan 31, 1985 | Docket: 438334

Cited 25 times | Published

insureds recover judgments against insurers. Section 627.756 (formerly 627.0905), Florida Statutes (1983)

Kel Homes, LLC v. Burris

933 So. 2d 699, 2006 WL 2033904

District Court of Appeal of Florida | Filed: Jul 21, 2006 | Docket: 1712185

Cited 21 times | Published

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

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

579 So. 2d 77

Supreme Court of Florida | Filed: May 2, 1991 | Docket: 235603

Cited 19 times | Published

held "attorney's fees awarded pursuant to section 627.756 are not barred merely because the amount due

Snead Const. Corp. v. Langerman

369 So. 2d 591

District Court of Appeal of Florida | Filed: Jul 12, 1978 | Docket: 470911

Cited 15 times | Published

who prevails in a suit against an insurer. Section 627.756(2) applies the attorney's fees provision in

Hegeman-Harris Co., Inc. v. All State Pipe Supply Co., Inc.

400 So. 2d 1245, 1981 Fla. App. LEXIS 20141

District Court of Appeal of Florida | Filed: Jun 10, 1981 | Docket: 1263123

Cited 11 times | Published

attorney fees to appellee in conformity with section 627.756(2), Florida Statutes (1977). AFFIRMED in part

Zac Smith & Co. v. Moonspinner Condo. Ass'n, Inc.

534 So. 2d 739, 1988 WL 115379

District Court of Appeal of Florida | Filed: Nov 2, 1988 | Docket: 1707675

Cited 9 times | Published

performance or payment bond is also entitled, under section 627.756, to attorney fees for the proceedings necessary

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

and will be governed by the provisions of section 627.756. Id. In other words, "when a lien is substituted

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

breach of a building or construction project." § 627.756, Fla. Stat. (1989). Thus, under sections 627.428

Shores Supply Co. v. Aetna Cas. & Sur.

524 So. 2d 722, 1988 WL 44479

District Court of Appeal of Florida | Filed: May 10, 1988 | Docket: 1340840

Cited 6 times | Published

of the insured reasonable attorney's fees. Section 627.756 provides that 627.428 applies to suits brought

Julian E. Johnson & Sons, Inc. v. Balboa Ins. Co.

408 So. 2d 1044, 1982 Fla. LEXIS 2315

Supreme Court of Florida | Filed: Jan 14, 1982 | Docket: 1449186

Cited 6 times | Published

fees in accordance with the provisions of section 627.756, Florida Statutes (1977). After judgment, however

TRAVELERS INDEM. COMPANY v. Howell & King, Inc.

336 So. 2d 1, 1976 Fla. App. LEXIS 13976

District Court of Appeal of Florida | Filed: Jul 30, 1976 | Docket: 1379359

Cited 6 times | Published

0905(2)". (§ 627.0905(2) is the predecessor of § 627.756 cited by Defendant.) The Third District Court

Bankers & Shippers Ins. v. Aia Insulation

390 So. 2d 734

District Court of Appeal of Florida | Filed: Sep 24, 1980 | Docket: 1503739

Cited 5 times | Published

Hamilton and Meekins is erroneous because Section 627.756(2), Florida Statutes (1977), limits attorneys'

Insurance Co. v. Acousti Eng'g Co.

549 So. 2d 790, 1989 WL 114239

District Court of Appeal of Florida | Filed: Oct 5, 1989 | Docket: 468623

Cited 4 times | Published

because attorney's fees awarded pursuant to section 627.756 are not barred merely because the amount due

Am. Cast Iron Pipe Co. v. FOOTE BROS.

458 So. 2d 409

District Court of Appeal of Florida | Filed: Nov 7, 1984 | Docket: 1452342

Cited 4 times | Published

amount awarded as attorney's fees pursuant to Section 627.756, Florida Statutes (1981). On September 17,

Tierra Holdings, Ltd. v. Mercantile Bank

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

District Court of Appeal of Florida | Filed: May 18, 2011 | Docket: 2354383

Cited 3 times | Published

performance bonds written by a surety insurer by section 627.756, provided a one-way-street whereby an insured

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

trustees was contrary to Florida law. (Fla.Stat. Section 627.756(2)). The Court did not face the question or

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

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

District Court of Appeal of Florida | Filed: Mar 5, 2004 | Docket: 2585213

Cited 2 times | Published

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

Willey v. MK Roark, Inc.

616 So. 2d 1140, 1993 WL 113318

District Court of Appeal of Florida | Filed: Apr 14, 1993 | Docket: 1726691

Cited 2 times | Published

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

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

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

District Court of Appeal of Florida | Filed: Apr 12, 2017 | Docket: 60265474

Cited 1 times | Published

5th DCA 2012) (“Under [section 627.428 and section 627.756, Florida Statutes], the claimant is not required

Westchester Fire Insurance v. City of Brooksville

731 F. Supp. 2d 1298, 2010 U.S. Dist. LEXIS 77457, 2010 WL 3043917

District Court, M.D. Florida | Filed: Jul 30, 2010 | Docket: 258165

Cited 1 times | Published

Construction Law Manual § 10:3 (2009-2010); see also § 627.756, Florida Statutes (2010) ("A surety who issues

J.C. Gibson Plastering Co. v. XL Specialty Insurance

521 F. Supp. 2d 1326, 2007 U.S. Dist. LEXIS 74826

District Court, M.D. Florida | Filed: Oct 8, 2007 | Docket: 2379388

Cited 1 times | Published

suit to enforce insurance benefits. Under section 627.756, Florida Statutes, the provisions of section

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

prosecuting the suit in which the recovery is had. Section 627.756 provides: Section 627.428 applies to suits

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

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

District Court of Appeal of Florida | Filed: Sep 7, 2012 | Docket: 60312014

Published

against an insurance company or a bonding company: § 627.756 (1) Section 627.428 applies to suits brought by

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

contractor defaults." Id.; see also FLA. STAT. § 627.756(2). "[T]he surety's liability for damages is limited

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

contractor defaults.” Id.; see also Fla. Stat. § 627.756(2). “[T]he surety’s liability for damages is limited

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

of delivery of the materials or supplies. and § 627.756, Fla.Stat. (1983), provides: 627.756 Bonds for

City of Jacksonville ex rel. Interform, Inc. v. Orr Construction Co.

427 So. 2d 237, 35 U.C.C. Rep. Serv. (West) 840, 1983 Fla. App. LEXIS 18682

District Court of Appeal of Florida | Filed: Feb 16, 1983 | Docket: 64595260

Published

to seek alternative remedies at its option. Section 627.756, Florida Statutes (1981), provides for an award

Allied General Contractors v. Superior Asphalt Co.

397 So. 2d 727, 1981 Fla. App. LEXIS 19248

District Court of Appeal of Florida | Filed: Apr 15, 1981 | Docket: 64582198

Published

without regard to the limitation prescribed by section 627.756(2), Florida Statutes (1977), which provides

Dauer v. Safeco Insurance Co. of America

394 So. 2d 128, 1980 Fla. App. LEXIS 17622

District Court of Appeal of Florida | Filed: Nov 19, 1980 | Docket: 64580459

Published

the suit in which the recovery is had. . Section 627.756(2), Florida Statutes (1973) provided: Section

Hyder v. Acousti Engineering Co.

384 So. 2d 315, 1980 Fla. App. LEXIS 16517

District Court of Appeal of Florida | Filed: Jun 11, 1980 | Docket: 64576491

Published

County. The question presented is whether section 627.756, Florida Statutes (1977),1 limits an award

R. W. King Construction Co. v. City of Melbourne

384 So. 2d 654, 1980 Fla. App. LEXIS 15855

District Court of Appeal of Florida | Filed: Apr 2, 1980 | Docket: 64576556

Published

per cent of the judgment in accordance with Section 627.756(2), Florida Statutes (1973),1 and next, that

Great American Insurance v. East Coast Supply Corp.

377 So. 2d 256, 1979 Fla. App. LEXIS 15932

District Court of Appeal of Florida | Filed: Dec 7, 1979 | Docket: 64573025

Published

for reduction of the attorney’s fee awarded. Section 627.756(2), Fla.Stat. (1977), permits an award of attorney’s

American Insurance Co. v. East Coast Supply Corp.

375 So. 2d 15, 1979 Fla. App. LEXIS 15342

District Court of Appeal of Florida | Filed: Aug 15, 1979 | Docket: 64571969

Published

fees allowed should be assessed pursuant to Section 627.756(2), Fla. Stat. (1977), and thus should not

CFW Construction Co. v. Richardson Electric Co.

364 So. 2d 854, 1978 Fla. App. LEXIS 16815

District Court of Appeal of Florida | Filed: Nov 29, 1978 | Docket: 64567259

Published

attorney’s fee in the instant case is found in § 627.756, Fla.Stat. (1975). Subsection (2) of this statute

Westchester Fire Insurance Co. v. Jos. L. Rozier Machinery Co.

267 So. 2d 38, 1972 Fla. App. LEXIS 6067

District Court of Appeal of Florida | Filed: Sep 26, 1972 | Docket: 64527722

Published

only basis we can discern for this fee is Section 627.756, F. S.1971, F.S.A. (formerly § 627.0905, F