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NATIONAL FIRE INS. CO. v. L.J. CLARK CONST. CO., INC.

No. 90-1875.

579 So.2d 743 (1991)

NATIONAL FIRE Insurance Company of Hartford, a Foreign Corporation, Appellant, v. L.J. CLARK CONSTRUCTION COMPANY, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 19, 1991.

Attorney(s) appearing for the Case

Judith Kazer Lamet of David L. Swimmer, P.A., Miami, for appellant.

Alexander J. Williams, Jr., and Alan C. (Peter) Brandt, Jr., of Chappell & Brandt, P.A., Fort Lauderdale, for appellee.

HERSEY, Chief Judge.

This was an action by a subcontractor against appellant, the surety on a payment and performance bond. The issue below was whether the statute of limitations had run on the claim. Resolution of this issue depended upon which of two statutory time limitations applied. If the bond was a "statutory" bond, then the statute of limitations was one year and the claim was barred. If the bond was a "common law" bond, the claim period was longer and the...

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