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EVERETT PAINTING CO., INC. v. PADULA & WADSWORTH CONSTR., INC.

No. 4D02-221.

856 So.2d 1059 (2003)

EVERETT PAINTING COMPANY, INC., a Florida corporation, Appellant, v. PADULA & WADSWORTH CONSTRUCTION, INC., a Florida corporation, and Travelers Insurance Company, a foreign corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

October 8, 2003.

Attorney(s) appearing for the Case

Steven M. Rosen of Law Offices of Steven M. Rosen, Miami, for appellant.

James B. Boone, Sunrise, for appellees.

HAZOURI, J.

In December 1997, Everett Painting Company, Inc. (Everett Painting), entered into a written Subcontract Agreement with Padula & Wadsworth Construction, Inc. (Contractor), to perform painting services on a project identified as "Driftwood Middle School." The project constituted a public project pursuant to section 255.05, Florida Statutes (1997), and under the terms of the statute, Contractor was required to secure both a payment and performance bond...

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