Essex Crane Rental Corp. of Alabama v. Millman Construction Co.

SCHWARTZ, Chief Judge.

In an action by the owner of a large construction crane on a mechanic’s lien payment bond posted under section 713.23, Florida Statutes (1983), the trial court entered summary judgment for the defendants, the contractor and surety, on the ground that the notice to contractor required by section 713.23(l)(d)1 had not been timely served. In so doing, the court held that the forty-five day period for the notice in question began to run in July, 1983, when unassembled pieces of the crane were delivered to the job site, rather than in early October, 1983, when the crane had…