Florida Construction Law

In SureTec Insurance Co. v. National Concrete Structures, Inc., Case No. 12-cv-60051 (S.D. Fla. July 3, 2012) the surety paid losses and expenses and sued the principal and  individual indemnitors on account of those losses. One of the individual indemnitors  filed a counterclaim for damages and rescission based on alleged violation of the federal  Equal Credit Opportunity Act (“ECOA”). The surety moved to dismiss the counterclaim. The court held that “neither the payment and performance bonds issued by  SureTec nor the Indemnity Agreement constitute a credit transaction within the meaning  of the ECOA, because no defendant obtained any right to defer the payment of a debt.”   The court therefore dismissed the indemnitor’s ECOA counterclaim with prejudice. (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 www.trentcotney.com

HB 0985 - Hillsborough County public project bonds.  This bill defers the repeal of Chapter 2004-414, Laws of Florida, which relates to projects for which payment and performance bonds may be waived for construction of public buildings, public works or repairs on public buildings or public work when the cost of the project is below a certain threshold amount and the bid is awarded through an economic development program created to encourage local small businesses to participate in county procurement programs. Trenton H. Cotney Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com