Legal Opinion
State, Department of Transportation ex rel. Consolidated Pipe & Supply Co. v. Houdaille Industries, Inc.
District Court of Appeal of Florida
Decided July 18, 1979No. MM-257PublishedCited by 4 opinions
1Opinion of the Court
ERVIN, Judge.
Does the failure of a performance bond to include specific reference to the notice provisions and time limitations of Section 255.05(2), Florida Statutes (1975), even though the bond required the contractor to comply with the provisions of Section 255.05, make the bond a common law, rather than a statutory bond? We conclude it does not. There is language in United Bonding Ins. Co. v. City of Holly Hill, 249 So.2d 720 (Fla. 1st DCA 1971) and S. W. Fla. Water Mgt. Dist. v. Miller Const., 355 So.2d 1258 (Fla. 2d DCA 1978) indicating that statutory bonds must refer to both the…
2Cases cited3 opinions
- Fulghum & Union Indemnity Co. v. StateSupreme Court of Florida · 1926
- United Bonding Ins. Co. v. City of Holly HillDistrict Court of Appeal of Florida · 1971
- SW Fla. Water Mgt. Dist. v. MILLER CONST CO.District Court of Appeal of Florida · 1978
3Cited by4 opinions
- American Home Assur. v. PLAZA MATERIALSSupreme Court of Florida · 2005
- Florida Keys Comm. Coll. v. Ins. Co. of North Am.District Court of Appeal of Florida · 1984
- Standard Heating Service v. Guymann Const.District Court of Appeal of Florida · 1984
- STATE, DEPT. OF TRANSP., ETC. v. HoudailleDistrict Court of Appeal of Florida · 1979