C.E.S. INDUSTRIES, INC. v. STRELITZ CONST.

No. 4-86-3001.

514 So.2d 385 (1987)

C.E.S. INDUSTRIES, INC., Appellant, v. STRELITZ CONSTRUCTION, INC., a Florida Corporation, and Fidelity and Deposit Company of Maryland, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 18, 1987.


Attorney(s) appearing for the Case

Timothy Moorhead of Wright & Fulford, P.A., Orlando, for appellant.

Mark E. Kohl of Kohl & Mighdoll, West Palm Beach, for appellee-Strelitz Const., Inc.


LETTS, Judge.

A supplier, not in privity with the general contractor, remained unpaid for electrical supplies which it furnished to a state construction project. Accordingly, it attempted to deliver written notice of nonpayment as required under Section 255.05(2), Florida Statutes (1985). Nonjury, the trial judge concluded that the necessary notice to the general contractor was not "received" until the 92nd day —...

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