Recent Case: Election of Remedies, Lost Profit, and Payment Bonds

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The Plumbing Service Company v. Progressive Plumbing, Inc., Case No. 5D09-3717, filed October 22, 2010: Trial court ruled that sub-subcontractor was barred by election of remedies doctrine from recovering damages for breach of contract (loss profits on uncompleted work) due to recovery under a s. 713.23 payment bond. Reversed and remanded to allow such action since it was not duplicative of bond coverage for payment of completed work, since election of remedies is based on estoppels to prevent double recovery for the same wrong. Court noted that s. 713.30 provides that bond remedy is “cumulative to other existing remedies….”



Trenton H. Cotney
Board Certified in Construction Law
Trent Cotney, P.A.
1207 N Franklin St, Ste 222
Tampa, FL 33602
(813) 579-3278

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