D.I.C. COM'L CONST. CORP. v. KNIGHT EREC. & FAB.

No. 87-3090.

547 So.2d 977 (1989)

D.I.C. COMMERCIAL CONSTRUCTION CORP., a Corporation, and Hartford Fire Insurance Company, a Corporation, Appellants, v. KNIGHT ERECTION & FABRICATION INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

August 2, 1989.


Attorney(s) appearing for the Case

Roger G. Orr of Gilbert & Orr, P.A., Fort Pierce, and Henry P. Trawick, Jr. of Trawick, Hammersley & Valentine, P.A., Sarasota, for appellants.

William H. Benson and Donald E. Williams of Benson, Stalions & Moyle, Fort Lauderdale, for appellee.


ANSTEAD, Judge.

This is an appeal from a final judgment on a claim made by a subcontractor against a payment bond on a school improvement project. Appellants, the contractor and its surety, claim that the appellee, Knight Erection & Fabrication Inc., did not timely give notice to the contractor of its intention to look to the bond as security, and also was allowed to recover damages not covered by the bond. We affirm in part and reverse in part.

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