AQUATIC PLANT MGT. v. PARAMOUNT ENGINEERING

No. 4D06-4589.

977 So.2d 600 (2007)

AQUATIC PLANT MANAGEMENT, INC., Appellant, v. PARAMOUNT ENGINEERING, INC. and American Safety Casualty Insurance Company, Appellees.

District Court of Appeal of Florida, Fourth District.

November 28, 2007.


Attorney(s) appearing for the Case

Douglas J. Roberts of Leiby Stearns and Roberts, P.A., Fort Lauderdale, for appellant.

Guy W. Harrison, Jeff Geller and Edward Etcheverry of Etcheverry Harrison LLP, Fort Lauderdale, for appellee American Safety Casualty Insurance Company.


STEVENSON, J.

The issue in this appeal is whether an unpaid subcontractor on a public project can state a claim against the issuer of the statutorily-required payment bond when the materials for which the subcontractor seeks recovery were neither delivered to the site nor incorporated into the project, but were nevertheless "specially fabricated" for the job. Because the legislature has made persons furnishing labor, services or materials who may qualify as claimants...

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