• Can a Principal Sue its Own Surety?

    Does Florida law allow a payment and performance bond principal to maintain a cause of action against its surety? The scenario where this typically comes up is in an indemnity action (where, at least in Florida, “it is well settled that the only defense to indemnity is bad faith on the part of the surety.” Great American Ins. Co. v. General Contractors & Const. Mgmt., Inc.

    Florida Surety & Construction Law- 4 readers -
  • How Can a Florida Surety Recover its Attorney Fees from the Bond Claimant?

    Florida sureties rarely win attorneys’ fees. Up until a few weeks ago, a good strategy to try to make your opponent pay your fees and costs was to quickly send a settlement proposal, citing Fla.Stat. 768.79. There used to be a few old Florida appellate decisions still holding strong for the idea that a litigant could shoot off an early settlement offer and trigger the fee-shifting statute.

    Florida Surety & Construction Law- 10 readers -

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