Southwest Florida Retirement Center, Inc. v. Federal Insurance Co.

CAMPBELL, Judge.

This appeal arises from the trial court’s ruling that an owner’s claim against a surety on a payment and performance bond was barred by the five-year limitation period set forth in section 95.11(2)(b), Florida Statutes (1981). All parties agree that section 95.11(2)(b), pertaining to causes of action based on written contracts, is the applicable statute of limitations. The issue before this court is when the limitations period begins to run for a suit against a payment and performance bond surety when the owner alleges latent defects constituting a breach of warranty by the…