U.S. FID. & GUAR. CO. v. MIAMI SHEET METAL

No. 87-210.

516 So.2d 29 (1987)

UNITED STATES FIDELITY AND GUARANTY CO., and Mascrete, Inc., Appellant, v. MIAMI SHEET METAL PRODUCTS, INC., and Artic Air Condition Corporation, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 23, 1987.


Attorney(s) appearing for the Case

Gilmour, Morgan & Rosenblatt and Robert A. Rosenblatt, Miami, for appellant.

Ferdie & Gouz and Michael Heidt, Coral Gables, Evan J. Langbein, Miami, for appellees.

Before SCHWARTZ, C.J., and BARKDULL and DANIEL S. PEARSON, JJ.


PER CURIAM.

Appellant, defendant payment bond surety, seeks review of a final summary judgment entered in favor of appellees, public project subcontractors.

We hold that a surety on a payment bond, issued pursuant to Section 255.05(1)(a), Florida Statutes (1985), in connection with a public construction project, may raise the defense of negligent performance by a subcontractor on the project. Compare Sharpe v. Ceco Corp., 242 So.2d...

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