Performance Bond and Breach Claim

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In Candlelight Mini Storage, Inc. v. Chubb Group Insurance Companies, Case No. 8:12-cv-393 (M.D. Fla. June 13, 2012) a purchaser of property was the obligee of a bond provided by the developer of the property to secure construction of certain improvements. The purchaser alleged that the improvements were not built and sued the surety. In addition to breach of contract, the complaint sought to “foreclose” on the bond. The court granted the surety’s motion to dismiss the foreclosure count and instructed the plaintiff, if it chose to re-plead, to explain what it was seeking in addition to a breach of contract claim. (from RPPTL Subcommittee).

Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602
(813) 579-3278

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