Pinewood Plumbing Supply, Inc. v. Centennial Construction, Inc.

NESBITT, Judge.

Pinewood Plumbing Supply, Inc. (Pinewood) appeals from an adverse summary judgment. We affirm.

Pinewood contracted with Minority Systems, Inc. (M.S.I.), a subcontractor, to deliver plumbing fixtures for a government project. After Pinewood delivered, M.S.I. failed to pay. Pinewood brought suit directly against the prime contractor, Centen*217nial Construction, Inc. (Centennial), under section 255.05, Florida Statutes (1983). Pinewood concedes that it failed to timely notice Centennial pursuant to section 255.-05(2).1

First, Pinewood contends that it is in privity with Centennial and…