CC-Aventura, Inc. v. Weitz Company, LLC

In this surety case, obligee/contractor Weitz contends that the district court erred by failing to properly follow the majority opinion in Dooley & Mack Constructors, Inc. v. Developers Surety & Indemnity Co., 972 So.2d 893 (Fla.Dist.Ct. App.2007). The district court concluded that the surety Fidelity was not liable on a surety bond because Weitz had failed to give notice to Fidelity of the subcontractor Aero’s default before Weitz undertook to remedy the default itself.

In Dooley, the subcontractor defaulted on its obligations. Id. at 894. Rather than notify the surety, the obligee/contractor…