Legal Opinion
National Fire Insurance v. Fortune Construction Co.
Court of Appeals for the Eleventh Circuit
Decided February 7, 2003No. 01-15124PublishedCited by 19 opinions
1Opinion of the Court
VINSON, District Judge:
The primary issue presented by this appeal is whether a surety on construction contract performance and payment bonds issued on behalf of a subcontractor has superior rights to retained contract balances in the possession of the general contractor when the general contractor completed the performance and has unsatisfied claims against the defaulting subcontractor.
I. BACKGROUND
This case arises out of two construction projects — the Winston Park project in Coconut Creek, Florida, and the West Bric-kell project in Miami, Florida. As general contractor on the projects,…
2Cases cited31 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Prairie State Bank v. United StatesSupreme Court of the United States · 1896
- Pearlman v. Reliance InsuranceSupreme Court of the United States · 1962
- United States v. Munsey Trust Co.Supreme Court of the United States · 1947
26 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Southern-Owners Insurance Co. v. Easdon Rhodes & Associates LLCCourt of Appeals for the Eleventh Circuit · 2017
- National Fire Insurance Company Of Hartford v. Fortune Construction CompanyCourt of Appeals for the Third Circuit · 2003
- United States Ex Rel. Wall v. Circle C Construction, L.L.C.Court of Appeals for the Sixth Circuit · 2012
- Eloy Rojas Mamani v. Gonzalo Daniel Sanchez De Lozada Sanchez BustamanteCourt of Appeals for the Eleventh Circuit · 2020
- Carrier Enterprise, LLC v. City of Dunedin (In re Climate Control Mechanical Services, Inc.)United States Bankruptcy Court, M.D. Florida · 2017
14 more not listed; retrieve them via the Exa API.