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ARBOR CLUB OF BOCA RATON, INC., LTD. v. OMEGA CONST. CO.

No. 88-3461.

565 So.2d 357 (1990)

The ARBOR CLUB OF BOCA RATON, INC., LTD., a Florida Limited Partnership, Appellant, v. OMEGA CONSTRUCTION COMPANY, INC., a Michigan Corporation, Trans-America Insurance Company, a California Corporation, Gerald Borduin, Individually, and Harold Deyoung, Individually, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 23, 1990.

Attorney(s) appearing for the Case

John Beranek of Aurell, Radey, Hinkle & Thomas, Tallahassee, and Boose, Casey, Ciklin, Lubitz, Marten, McBane & O'Connell, P.A., West Palm Beach, and Jeffrey W. Bracken of Loomis, Ewert, Ederer, Parsley, Davis & Cotting, Lansing, and Klein & Beranek, West Palm Beach (on the brief), for appellant.

Gary M. Stein of Rosenberg, Reisman & Stein, Miami, for appellee-Transamerica.

Alan C. Brandt, Jr., of Chappell & Brandt, Fort Lauderdale, and Paul L. Nelson of Tolley, Fisher & Verwys, Grand Rapids, for appellees-Omega Const. Co. and Harold Borduin.

DOWNEY, Judge.

This case arises out of a contract between The Arbor Club of Boca Raton, Inc., (Arbor) and Omega Construction Company (Omega), wherein Omega agreed to construct a large rental unit apartment complex for Arbor at a cost of $9,674,000. Pursuant to a contractual requirement, Omega furnished a performance bond for the full contract price issued by Transamerica Insurance Company (Transamerica), which bond incorporated the construction contract by reference...

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