The federal district court opinion in International Fidelity Insurance Company v. Americaribe-Moriarty, J.V., 192 F. Supp. 3d 1326 (S.D. Fla. 2016) is on appeal to the Eleventh Circuit.Read MoreEleventh Circuit to Address Surety’s Unilateral Completion Defense Surety Wearing Multiple Hats Trumps Completing Obligee’s Set-Off Rights The competing interests to contract funds between a completing obligee and surety were at issue in Coastal Construction of Miami Dade County, Inc. v. International Fidelity Insurance Company, Case No. 14-17460 CA 01 in the Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida. Read MoreSurety Consent Required as Part of Section 3.1 Pre-Default Process The Southern District Court of Florida decision in Arch Insurance Company v. John Moriarty & Associates of Florida, Inc., 2016 U.S. Dist. 172173 (S.D. Fla. December 12, 2016) continued the trend of upholding the conditions of the AIA 312 performance bond, requiring the surety’s consent to allow the principal to continue to perform work under the 3.1 pre-default process. Read MoreIncorporation is a Two-Way Street: Surety Entitled to Recover Attorneys’ Fees The court in Int'l Fid. Ins. Co. v. Americaribe-Moriarity JV, 15-24183-CIV, 2017 WL 668898, --- F.Supp.3d ---- (S.D. Fla. Feb. 14, 2017) found multiple basis under the bond, the bonded subcontract, and under Fla. Stat. §57.105 to award fees to the prevailing surety. Read More Read More. Lack of Irreparable Harm Sinks Surety’s Injunctive Rights to Collateral Although our Firm was not involved in Great Am. Ins. Co. v. Fountain Eng'g, Inc, 15-CIV-10068-JLK, 2015 WL 6395283 (S.D. Fla. Oct. 22, 2015), it is a cautionary decision that must be taken into account when considering whether to file an action for injunctive relief to enforce the surety’s rights to collateral under the indemnity agreement. Read More.“Be sincere; be brief; be seated.” – Franklin D. Roosevelt Our members frequently speak at national, regional and local conferences to support the construction / surety industries. These are some of the most recent presentations: Read More Hard at Work – Educating the World on Suretyship For over a decade, The Florida Bar has asked us to author the “Rights and Liability of the Surety” chapter of the Florida Construction Law And Practice. We have recently completed the 2016 Edition, which provides a comprehensive summary and analysis of applicable Florida law concerning bid bonds, payment bonds, performance bonds and the surety’s rights under the indemnity agreement.
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