Legal Opinion
Jones v. Darin & Armstrong, Inc.
Court of Appeals for the Eleventh Circuit
Decided April 7, 1986No. 84-5936PublishedCited by 2 opinions
1Opinion of the Court
SIMPSON, Senior Circuit Judge:
Florida’s “Little Miller Act”, Fla. Stat. § 255.05 (1983), requires all general contractors for public works projects (“contractors”) to post a performance and payment bond. A subsection of the statute, § 255.05(2), (“subsection 2”) provides in part that no action may be instituted against the contractor or his surety by a “... claimant, except a laborer, who is not in privity with the contractor ...” unless he notifies the contractor within 45 days “... after beginning to furnish labor, material or supplies ... that he intends to look to the bond for…
2Cases cited8 opinions
- SCHOOL BD., ETC. v. Vincent J. Fasano, Inc.District Court of Appeal of Florida · 1982
- J. B. McCrary Co. v. Dade County ex rel. E. I. DuPont de Nemours & Co.Supreme Court of Florida · 1920
- Winchester v. Florida Electric Supply, Inc.District Court of Appeal of Florida · 1964
- Michele Gergora v. R. L. Lapp Forming, Inc., Etc., Travelers Indemnity Co., Etc.Court of Appeals for the Fifth Circuit · 1980
- Morgan v. GoodwinDistrict Court of Appeal of Florida · 1978
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3Cited by2 opinions
- Useden v. AckerDistrict Court, S.D. Florida · 1989
- Jones v. Darin & Armstrong, Inc.Court of Appeals for the Eleventh Circuit · 1986