Southwest Florida Retirement Center, Inc. v. Federal Insurance Co.

I respectfully dissent. I conclude that when a surety bond incorporates a construction contract by reference, such incorporation does not also incorporate the statute of limitations applicable to the construction contract into the surety bond. The majority opinion concludes that such an incorporation has occurred and so adds a tolling provision to the statute of limitations governing payment and performance bonds. The majority’s holding conflicts with prior decisions of the courts of our state. I believe the issue involved is one of great public importance because of the impact our decision…