Fla. Stat. » 627
Florida Statutes

Fla. Stat. § 627.756 (2025)

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

✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar
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.
Notes of Decisions
Cited in 42 cases (1 in the last 5 years), 1972–2024 · leading case: DADELAND DEPOT. v. St. Paul Fire & Marine, 945 So. 2d 1216 (Fla. 2006).
Sort: Relevance Newest Treatment
United States of Am. for Stonebridge Constr. Servs. LLC v. North Am. Specialty Ins. Co. (M.D. Fla. 2024). · cites it 2× “12 for NAS and against Stonebridge and Developers, entering a corresponding judgment, and otherwise denying the motions; (4) granting NAS’s motion for attorney’s fees and expenses, D197, to the extent NAS moves for a determination that NAS is entitled to attorney’s fees and…”
Sanchez v. AN Luxury Imports of Pembroke Pines, Inc., 216 So. 3d 723 (Fla. 4th DCA 2017). · cites it 2× “428 and section 627.756, Florida Statutes], the claimant is not required to be the prevailing party on the significant issues in order to recover attorney’s fees, but need only obtain a judgment—no matter how minimal the amount of damages awarded.”
Cont'l Cas. Co. v. A.W. Baylor Versapanel-Plastering, Inc., 97 So. 3d 937 (Fla. 5th DCA 2012). “428 apply generally to actions brought against an insurance company or a bonding company: § 627.756 (1) Section 627.428 applies to suits brought by owners, subcontractors, laborers, and materialmen against a surety insurer under payment or performance bonds written by the…”
Tierra Holdings, Ltd. v. Mercantile Bank, 78 So. 3d 558 (Fla. 1st DCA 2011). “428(1), made applicable to performance bonds written by a surety insurer by section 627.756, provided a one-way-street whereby an insured or beneficiary of an insurance policy could recover attorney’s fees upon obtaining a judgment against an insurer.”
Hartford Cas. Ins. Co. v. CITY OF MARATHON, 825 F. Supp. 2d 1276 (S.D. Fla. 2011). “§ 627.756(2). "[T]he surety's liability for damages is limited by the terms of the bond," and the surety's liability "should not be extended by implication.”
Hartford Cas. Ins. v. City of Marathon, 825 F. Supp. 2d 1276 (S.D. Fla. 2011). · cites it 2× “; see also Fla. Stat. § 627.756 (2). “[T]he surety’s liability for damages is limited by the terms of the bond,” and the surety’s liability “should not be extended by implication.”
Westchester Fire Ins. v. City of Brooksville, 731 F. Supp. 2d 1298 (M.D. Fla. 2010). · cites it 2× “” 8 Florida Practice Series, Construction Law Manual § 10:3 (2009-2010); see also § 627.756, Florida Statutes (2010) (“A surety who issues a bid, performance, or payment bond in connection with construction activities where hazardous substances exist or are discovered is liable .”
J.C. Gibson Plastering Co. v. XL Specialty Ins., 521 F. Supp. 2d 1326 (M.D. Fla. 2007). · cites it 2× “Under section 627.756, Florida Statutes, the provisions of section 627.”
DADELAND DEPOT. v. St. Paul Fire & Marine, 945 So. 2d 1216 (Fla. 2006). · cites it 9× “See § 627.756, Fla. Stat. (1999). Section 627.”
Kel Homes, LLC v. Burris, 933 So. 2d 699 (Fla. 2d DCA 2006). · cites it 2× “428, Florida Statutes (1987), which allows for an award of attorney's fees upon rendition of a judgment against any insurer, and section 627.756, which applied section 627.”
Bluegrass Art Cast, Inc. v. Consol. Erection Servs., Inc., 870 So. 2d 196 (Fla. 5th DCA 2004). · cites it 2× “That statute does not expressly authorize the use of a multiplier nor does section 627.756, Florida Statutes (2001), which was another basis cited for the fees awarded to Consolidated.”
Danis Indus. v. GROUND IMP. TECH., 645 So. 2d 420 (Fla. 1994). · cites it 2× “428(1), Fla. Stat. (1989). This language specifically applies to payment or performance bonds written by a surety insurer to indemnify against losses associated with construction projects, § 627.”
Show all 42 citing cases →
— 627.756(1) — 2 cases
DADELAND DEPOT. v. St. Paul Fire & Marine, 945 So. 2d 1216 (Fla. 2006). “See § 627.756, Fla. Stat. (1999). Section 627.”
United States of Am. for Stonebridge Constr. Servs. LLC v. North Am. Specialty Ins. Co. (M.D. Fla. 2024). “12 for NAS and against Stonebridge and Developers, entering a corresponding judgment, and otherwise denying the motions; (4) granting NAS’s motion for attorney’s fees and expenses, D197, to the extent NAS moves for a determination that NAS is entitled to attorney’s fees and…”
— 627.756(2) — 12 cases
Bankers & Shippers Ins. v. Aia Insulation, 390 So. 2d 734 (Fla. 4th DCA 1980).
Snead Const. Corp. v. Langerman, 369 So. 2d 591 (Fla. 1st DCA 1978).
Julian E. Johnson & Sons, Inc. v. Balboa Ins. Co., 408 So. 2d 1044 (Fla. 1982).
Hegeman-Harris Co., Inc. v. All State Pipe Supply Co., Inc., 400 So. 2d 1245 (Fla. 5th DCA 1981).
Allied Gen. Contractors v. Superior Asphalt Co., 397 So. 2d 727 (Fla. 5th DCA 1981).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.

This Florida statute resource is curated by Graham Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 627 matters in the context of insurance coverage law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.