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STATE, DEPT. OF TRANSP., ETC. v. HOUDAILLE

No. MM-257.

372 So.2d 1177 (1979)

STATE of Florida, DEPARTMENT OF TRANSPORTATION, for the Use and Benefit of CONSOLIDATED PIPE & SUPPLY COMPANY, INC., an Alabama Corporation, Appellant, v. HOUDAILLE INDUSTRIES, INC., a Delaware Corporation, and Federal Insurance Company, a New Jersey Corporation, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied August 2, 1979.

Attorney(s) appearing for the Case

Clyde N. Wells, Jr., Jacksonville, for appellant.

Edward L. Nowak, Jacksonville, for appellee.

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

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