American Cast Iron Pipe Co. v. Peabody-Petersen Co.

OWEN, Judge.

Appellant, a supplier to a subcontractor on a public-works contract, suffered dismissal with prejudice of its suit against the principal and the surety of the contract bond because of the plaintiff’s failure to comply with the notice requirements and time limitations of Fla.Stat. § 255.05(2) (1973).

The facts in this case are substantially identical to those in the case of United Bonding Insurance Company v. City of Holly Hill, 249 So.2d 720 (Fla.App. 1st 1971), with the exception that the plaintiff in this case was a materialman to a subcontractor whereas in the United Bonding…