Burke Co. v. Bruce M. Ross Co.

WENTWORTH, Senior Judge.

This is an appeal from a summary judgment for appellees holding that section 255.05, Florida Statutes, requires that notice of nonpayment be given within 90 days from last physical delivery of rental equipment, rather than from last use of the rental equipment, for purposes of recovery under the public construction payment bond. We reverse and certify conflict with Moretrench American Corporation v. Taylor Woodrow Construction Corporation, 565 So.2d 861 (Fla. 2d DCA 1990).

In November, 1988, appellee Taylor Woodrow contracted with the City of Jacksonville to build the…