Southwest Florida Water Management District ex rel. Thermal Acoustic Corp. v. Miller Construction Co.

SCHEB, Judge.

The issue presented by this appeal is whether a performance, payment, and guaranty bond delivered to a governmental entity incident to a public works contract was a statutory bond given pursuant to Section 255.05, Florida Statutes (1975), or a more broadly written common law bond;

Appellant/plaintiff Thermal sued appel-lees/defendants Miller and American, as principal and surety on a bond furnished *1259incident to a public works contract. Thermal’s second amended complaint alleged that Miller contracted to construct a building for the Southwest Florida Water Management District…