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 More
Eleventh 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 More
Surety 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 More
Incorporation 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
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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