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SCHOOL BD. OF BROWARD COUNTY v. GREAT AM. INS. COMPANY

No. 4D01-2166.

807 So.2d 750 (2002)

THE SCHOOL BOARD OF BROWARD COUNTY, Florida, a political subdivision of the State of Florida, Appellant, v. THE GREAT AMERICAN INSURANCE COMPANY, an Ohio corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 15, 2002.

Attorney(s) appearing for the Case

F. Malcolm Cunningham, Jr., and Amy L. Fischer of Cunningham Law Firm, P.A., West Palm Beach, for appellant.

Bruce Charles King, and Latasha A. Gethers of Carlton Fields, P.A., Miami, for appellee.

GROSS, J.

The School Board of Broward County appeals the entry of summary final judgment in favor of the surety on a performance bond. We reverse, holding that the surety's tender of a new contractor did not comply with the requirement of the performance bond that the surety "correct" the contractor's default.

On August 3, 1999, the School Board entered into a written contract with Rockland Construction Company to construct an athletic field and sports complex...

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