The 2023 Florida Statutes (including Special Session C)
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. . . See § 255.05(1)(e), Fla. Stat. (2015). . . . against a surety on a public payment bond may be brought in any county authorized by Chapter 47. § 255.05 . . . any provision in a payment bond that restricts the venue of any proceeding relating to such bond. § 255.05 . . . being read into the surety bond, however, the venue selection clause becomes void pursuant to section 255.05 . . .
. . . . ¶ 11; attached at [DE 1-5], By its terms, the Bond is governed by Section 255.05, Fla. . . . provisions from the Oumer’s Agreement and/or the Subcontract into the Bond is prohibited by Section 255.05 . . . 713.01 protected by the bond or the venue of any proceeding relating to such bond is unenforceable. § 255.05 . . . See infra regarding the Court’s discussion of whether such incorporation is prohibited by § 255.05(1) . . .
. . . alternative, Plaintiffs argue that the costs should be reduced to eliminate the following charges: 1) $255.05 . . . First, Plaintiffs argue that the $255.05 state-court pretrial motion-hearing transcript from December . . .
. . . The calculation was primarily based on 255.05 billable hours compensated at a rate of $285 per hour, . . .
. . . enforce a claim against a payment bond, which shall be governed by the applicable provisions of ss. 255.05 . . .
. . . that East Coast’s third-party claim against Safeco was a claim against a payment bond and that section 255.05 . . . Rather, it is section 255.05(5) which deals with payment bonds, that is applicable to this case. . . . Section 255.05(5) provides in relevant part that “any action authorized under this section may be brought . . .
. . . . § 255.05 (2007). . . . Stat. § 255.05 (2007). . . . Stat. § 255.05(1)(a) (2007). . . . Stat. § 255.05(1)(c)(1) (2007); (Underlying Construction Contract ¶ 16.1.1, DE # 35-2, at 35). . . . Stat. § 255.05(l)(a) (2007). . . . .
. . . . § 255.05, for the proposition that "[u]nder Florida law, ... a payment bond surety is liable for the . . . Nothing in § 255.05 requires that Defendants be held jointly and severally liable. . . . Stat. § 255.05(l)(a). . . . .
. . . enforce a claim against a payment bond, which shall be governed by the applicable provisions of ss. 255.05 . . .
. . . For example, section 255.05(9), Florida Statutes (2007), relates to public works contracts entered into . . .
. . . enforce a claim against a payment bond, which shall be governed by the applicable provisions of ss. 255.05 . . .
. . . See § 255.05(2), Fla. Stat. (1995). . . . Fla. 1989) (“Because of their importance, payment and performance bonds are mandatory under section 255.05 . . .
. . . and American Safety Casualty Insurance Company, the issuer of the payment bond required by section 255.05 . . . See § 255.05(l)(a), Fla. Stat. . . . Section 255.05(l)(a) requires that the bond be “conditioned upon the contractor’s ... promptly making . . . The question, then, is whether section 255.05’s reference to the “persons defined in s. 713.01” also . . . To interpret section 255.05(1) in such a manner as to include and protect claimants who could qualify . . .
. . . . § 255.05 on a construction project known as Palm Grove that was performed on behalf of the City of . . . Stat. § 255.05(2)(b) and (2)(c) for the proposition that U.S. . . . Stat. § 255.05(2)(b) and (2)(c). . . .
. . . That case dealt with a public project payment bond under the provisions of section 255.05, Florida Statutes . . . construed as statutory bonds and “shall not under any circumstances be converted into common law bonds.” § 255.05 . . . Plaza Materials Corp., 908 So.2d 360 (Fla.2005) (noting 1980 legislative change to § 255.05, precluding . . . following language: “This bond hereby is amended so that the provisions and limitations of section 255.05 . . . Crushed Stone and overruling opinions holding that companies’ technical noncompliance with section 255.05 . . .
. . . STATUTORY PAYMENT BOND DOES NOT CONTAIN REFERENCE TO THE NOTICE AND TIME LIMITATION PROVISIONS OF SECTION 255.05 . . . In 1980, the Legislature added subsections (4) and (6) to section 255.05. . . . .” § 255.05(4), Fla. Stat. (1995) (emphasis supplied). . . . Thus, according to Plaza, the bond does not warrant “statutory” treatment under section 255.05. . . . The dissent would relegate section 255.05(6) into nonexistence. . . . I disagree, however, that section 255.05, Florida Statutes (1995), contains conflicting provisions and . . . Finally, subsection (6) imposes notice requirements on the issuer of the bond. § 255.05(6), Fla. . . . An examination of the other relevant subsections of section 255.05 reinforces this conclusion. . . . I note that the bond in this case expressly cited section 255.05. . . . See § 255.05(2)(b)2., Fla. Stat. (2004); see also ch. 63-437, § 1, Laws of Fla. . . .
. . . the appellee surety may rely on the shortened statute of limitations for a bond issued under section 255.05 . . . Under section 255.05, Florida Statutes (1997), the general contractor was required “to execute, deliver . . . Id. § 255.05(1)(a). . . . summary judgment because the lawsuit was not filed within the one-year period provided by subsection 255.05 . . . If the surety wants to take advantage of the shorter statute of limitations provided in subsection 255.05 . . .
. . . and the analysis and litigation of problems arising out of the Florida Construction Lien Law, section 255.05 . . .
. . . Fire, as surety, with Grubbs as principal pursuant to Section 255.05 of the Florida Statutes. . . . Conclusions of Law Florida Statute section 255.05(2)(a)(2) provides that “in any action brought to enforce . . . The parties agree through their pleadings that section 255.05(2)(a)(2) is the controlling statute. . . . There is a dearth of precedent or other persuasive authority interpreting Florida Statute section 255.05 . . . Fire became the “prevailing party” pursuant to Florida Statute section 255.05(2)(a)(2) on NEC’s Revetment . . .
. . . The project constituted a public project pursuant to section 255.05, Florida Statutes (1997), and under . . . create a conditional payment bond because the bond in the instant case was issued pursuant to section 255.05 . . . and there are no provisions in section 255.05 similar to those in section 713.245. . . . The purpose of section 255.05 is to protect subcontractors and suppliers by providing them with an alternative . . .
. . . for Pro-Tech’s attorney’s fees, the trial court awarded Pro-Tech attorney’s fees, pursuant to section 255.05 . . . Because Pro-Tech is no longer the prevailing party pursuant to section 255.05(2)(a)2, Florida Statutes . . . Section 255.05(2)(a),2, Florida Statutes provides: In any action brought to enforce a claim against a . . .
. . . enforce a claim against a payment bond, which shall be governed by the applicable provisions of ss. 255.05 . . .
. . . in these consolidated cases that impress an equitable lien upon funds retained pursuant to section 255.05 . . . In March 1998, pursuant to section 255.05, Florida Statutes, Trane made a formal demand for $42,129.51 . . .
. . . surety may not invoke the notice requirements and the shorter statute of limitations provided in section 255.05 . . . agrees to be surety on a bond that fails to comply with the mandatory' notice provisions in section 255.05 . . .
. . . against Reliance Insurance Company, the surety on a payment bond obtained by T & G pursuant to section 255.05 . . .
. . . Section 255.05 is often referred to as the Little Miller Act (“the Act”). See Delduca v. . . . See § 255.05(l)(a). . . . See ch. 80-32, § 1, Laws of Fla., as codified in § 255.05(4), (6). . . . made no reference to the notice and time limitations of section 255.05(2). . . . See § 255.05(3), Fla. Stat. (2001). . . .
. . . statutorily approved bond form, it fails to include provisions required by subsections (1) and (6) of section 255.05 . . . But as we read section 255.05(4), perhaps the most unambiguous portion of the statute, Florida no longer . . . construe this statement to mean that when neither party has complied with the requirements of section 255.05 . . . Appellant candidly admits that its failure to comply with the requirements of section 255.05(2), Florida . . . Statutes, was not caused by appellee’s failure to include the information required by sections 255.05 . . .
. . . Pursuant to the contract, and in accordance with section 255.05(l)(a), Florida Statutes (1999), Great . . .
. . . In accordance with § 255.05 of the Florida Statutes, before commencing work on an FDOT project, the Debtor . . . Stat. § 255.05(l)(a). . . . Stat. § 255.05. . . .
. . . Pursuant to Section 255.05 of the Florida Statutes, and as a condition of the contract, Southco posted . . .
. . . therefore, they were entitled to an award of attorney’s fees as the prevailing party pursuant to section 255.05 . . .
. . . asserted that it was a “laborer” and therefore exempt from the preliminary notices requested by section 255.05 . . .
. . . See § 255.05, Fla.Stat. (1997): .The performance bond, entitled "Contract Bond,” listed Ginn as "Principal . . .
. . . court for leave to file an amended answer to include a request for attorney’s fees pursuant to section 255.05 . . .
. . . elementary school budding without demanding or receiving from the contractor the bond required by section 255.05 . . . The supreme court ruled that section 255.05 applied to the project and that the board had a ministerial . . . court applied Warren in affirming a judgment against a county that had failed to comply with section 255.05 . . . county “did not require the contractor ... to submit a payment and performance bond, under section 255.05 . . . and laborers under its prevailing wage ordinance from that imposed upon public entities by section 255.05 . . .
. . . I believe that the statute of limitations contained in section 255.05(2), Florida Statutes (1989), properly . . . Additionally, the bond in this case tracked the form contained in section 255.05(3), which includes as . . . In 1993, the legislature amended section 255.05(2) to state that the one-year statute of limitations . . . Because it was intended to clarify section 255.05(2), the 1993 amendment “may properly be considered . . . determination the City’s suit was barred by the applicable one year statute of limitations contained in section 255.05 . . . Regarding the 1993 amendment to section 255.05(2), in the absence of any express, clear or manifest legislative . . . intent to apply section 255.05(2), Florida Statutes (1993) retroactively, the amended statute does not . . .
. . . the recordation requirement for payment bonds on public construction projects set forth in section 255.05 . . . the general contractor, but did not comply with the presuit notice requirements set forth in section 255.05 . . . Section 255.05(1) clearly constitutes a law that requires a specific “instrument”.— such as, a payment . . . It is therefore logical to presume that when the legislature included in section 255.05(1) the phrase . . . We, therefore, hold that the section 255.05(1) requirement that a payment bond on a public construction . . .
. . . Acting as a surety to Parrish, appellant issued a payment bond for the project pursuant to section 255.05 . . . whether appellee filed its complaint within the one-year statute of limitations as required under section 255.05 . . . requiring completion, or finishing, corrective or remedial work under a construction contract. . § 255.05 . . .
. . . nor Moretrench are of much help in resolving the instant case because both cases dealt with section 255.05 . . .
. . . See § 255.05(3), Fla. Stat. (relating to public bonds); 17 AM. . . . Moreover, the statute of limitation applicable in Florida Board of Regents was section 255.05, Florida . . .
. . . . § 255.05, Fla. Stat. (1993). . . .
. . . See § 255.05, Fla. Stat. (1995). . . . See §§ 255.05, 713.01(16)(c), Fla. Stat. (1995); see also American Casualty Co. v. . . . According to section 255.05: (l)(a) Any person entering into a formal contract with the state or any . . . Section 255.05 is “remedial in nature and therefore, entitled to a liberal construction, within reason . . . Our supreme court has explained that section 255.05 is for the protection of the pubhe as well as the . . .
. . . that the County had failed to require Palm Beach Guardrail to post a bond in accordance with section 255.05 . . . require the contractor, Palm Beach Guardrail, to submit a payment and performance bond under section 255.05 . . . Section 255.05(l)(a), Florida Statutes (1991), requires, in pertinent part: Any person entering into . . . Co., 66 So.2d 54 (Fla.1953), this court has explained that section 255.05 places a corresponding duty . . . Furthermore, we find that the legislature, by enacting section 255.05, intended to protect the subcontractor . . .
. . . The Court thus declines to deduct this amount. 13.Florida Statutes section 255.05(2) provides that, “ . . .
. . . issues: (1) Whether the trial court erroneously interpreted the 45-day notice provision in section 255.05 . . . Section 255.05(2), Florida Statutes, provides that “[a] claimant, except a laborer, who is not in privity . . . It is unnecessary for us to address the wisdom of the fifth district’s determination that § 255.05, Fla.Stat . . .
. . . Martin’s one-count complaint did not reference section 255.05; rather, it alleged that the bond was a . . . (1) to record the bond, and even if the surety fails in its statutory obligation under section 255.05 . . . Subparagraph (4) of section 255.05 is more narrow than United’s reading of it. . . . and contain a notice that claims were subject to the 255.05(2) deadlines. . . . Section 255.05(6), Fla.Stat. (1993). . . .
. . . We also have considered section 255.05, Florida Statutes (Supp.1992), but conclude that the amended statute . . .
. . . Casualty & Surety Company, and Fireman’s Fund Insurance Company, executed a payment bond under Section 255.05 . . .
. . . Appellant, a prevailing sub-subcontractor in an action on a public construction bond pursuant to Section 255.05 . . . alterations on an elementary school, and Rivers executed a performance and payment bond under section 255.05 . . . In 1985, however, section 255.05(1) was renumbered 255.05(l)(a) and subsection (b) was added. . . . Construing this statute to deny fees to all other claimants under section 255.05 would defy logic and . . . State, 92 Fla. 662, 109 So. 644 (1926) that the passage of Section 255.05 by the Florida legislature . . .
. . . The surety, American Insurance Company (American), pursuant to section 255.05, Florida Statutes (1989 . . . Section 255.05(l)(a), Florida Statutes (1989), provides that a surety’s payment obligation arises when . . . a party to this lawsuit, the provision contained in American’s bond, construed in light of section 255.05 . . .
. . . appellant presented evidence demonstrating its entitlement to recovery against appellee under section 255.05 . . .
. . . statutory requirement which this court recognized had been persuasively argued to not apply, [SJection 255.05 . . . And as the supreme court said in The Burke Co., Because section 255.05(2) is clear on its face, this . . .
. . . contractor, where the subcontractor failed to comply with the statutory notice requirements of section 255.05 . . . Prior to filing the action, appellee had not filed either of the notices required by section 255.05(2 . . . Section 255.05 requires a claimant on a public construction project which is not in privity with the . . . Section 255.05(2) also states in pertinent part, No action for the labor, materials or supplies may be . . . failed to utilize its adequate remedy at law by failing to give the required notices under section 255.05 . . .
. . . public entity, the general contractor was required to, and did, post bond in compliance with section 255.05 . . .
. . . The issue here is whether section 255.05(2), Florida Statutes (1989), requires a supplier of rental equipment . . . We hold that section 255.05(2) is clear on its face and requires a claimant to give notice within ninety . . . Pursuant to section 255.05, Taylor Woodrow posted a statutory bond issued by American Home Assurance . . . Section 255.05(2) requires that notice to seek payment from the bond be given within forty-five days . . . We note that the legislature has amended section 255.05(2), Florida Statutes (1989). . . .
. . . Fancy asserted a claim against a payment bond issued by Preferred for Tuttle’s pursuant to section 255.05 . . .
. . . . § 255.05(2), Fla. Stat. (1983). . . .
. . . This is an appeal from a summary judgment for appellees holding that section 255.05, Florida Statutes . . . Pursuant to section 255.05, Florida Statutes, Woodrow posted a statutory bond issued by appellee American . . . Section 255.05(l)(a), Florida Statutes, (1989). . . . Section 255.05(2), Florida Statutes, (1989) (emphasis added). . . . (2), and opined: This section [255.05(2)] is intended to [provide] subcontractors and material-men on . . .
. . . payment bond which specified that its terms did not extend beyond the statutory requirements of section 255.05 . . . On the other hand, the case at bar deals strictly with a common law bond; section 255.05 is not mentioned . . .
. . . . § 255.05, the Debtor posted performance and payment bonds issued by MCA on its behalf in connection . . . in the Supplemental Affidavit, specifically by stating that there was no compliance with Fla.Stat. § 255.05 . . .
. . . posted a payment bond for Linbeck, as principal, for work done on the project, pursuant to section 255.05 . . . judgment based on appellant’s failure to comply with the forty-five (45) day notice requirement of section 255.05 . . . Subsection (2) of section 255.05, Florida Statutes, provides in part: A claimant, except a laborer, who . . . determining whether appellant was a “laborer” and thus, exempt from the notice requirement of section 255.05 . . . was a laborer, and thus, exempt from the statutory notice requirement, fails as a matter of law. §§ 255.05 . . .
. . . prejudice its complaint because it failed to comply with the pre-suit notice provisions of section 255.05 . . . Pursuant to section 255.05, MCI, as principal, and appellee National Union Fire Insurance Company of . . . Mills that a materials supplier was precluded from recovery by reason of noncompliance with section 255.05 . . . the bond in its notice to the contractor had substantially complied with the requirements of section 255.05 . . . days of commencement of work on a public project other than to secure the rights afforded by section 255.05 . . .
. . . to the general contractor within 90 days after the delivery of the equipment as required by section 255.05 . . . Appellant argues persuasively that to interpret the “complete delivery” language of section 255.05(2) . . . We must agree with appellee that the foregoing portion of section 255.05(2) is clear and unambiguous . . .
. . . Piling contracted with Hartford to provide an indemnity bond as required by section 255.05(1) of the . . . advised by its counsel that Bor-delon had failed to comply with the notice requirements of section 255.05 . . . notice of ... participation in the project was to secure ... rights under the provisions of section 255.05 . . . Fla.Stat.Ann. § 255.05(1) (West 1975 & Supp. 1986) (amended 1988). . . . . Fla.Stat.Ann. § 255.05(2) (West 1975 & Supp. 1989). . . . .
. . . Section 255.05(2), Florida Statutes, provides: “No action shall be instituted against the contractor . . . Section 255.05 was patterned after the federal statute known as the Miller Act.” Miller v. . . . The Miller Act, like section 255.05, contains a provision limiting when a suit can be instituted by a . . . Section 255.05(2) specifies that the one year limitations period begins to run when the performance of . . . We find that section 255.05(2) specifies a clear date upon which the limitations period began to run . . .
. . . the bond obligation imposes on Wilson the obligation to pay for alb materials and labor, and section 255.05 . . . furnished Wilson and the ap-pellee bonding companies with a preliminary notice pursuant to section 255.05 . . .
. . . We must determine whether § 255.05 contemplates the 45 day period to commence running when any work is . . . Since § 255.05 was patterned after the Miller Act, we agree those decisions are persuasive authority . . . Section 255.05 speaks of “the prosecution of the work”. . . . Stratton, 680 F.Supp. 375 (S.D.Fla.1988), the court examined the language of Section 255.05 and of the . . . It stated that Section 255.05 only held a surety liable for “labor, materials, and supplies”. . . .
. . . In accordance with Section 255.05, Florida Statutes, the general contractor, provided labor and materials . . . failure to give notice within 90 days after performance of labor or services as required in Section 255.05 . . . last provided any labor on the project for purposes of calculating the 90 day notice period in Section 255.05 . . . 2984 CONSTITUTES “PERFORMANCE OF LABOR” WHICH WILL TOLL THE NOTICE REQUIREMENT SET FORTH IN SECTION 255.05 . . .
. . . Section 255.05, Florida Statutes (1987), requires a contractor’s surety to issue a payment bond to provide . . . Southern Steel and that Southern Steel failed to give timely notice of claim as required by section 255.05 . . . Hobbs pursuant to the agreement, along with allegations of notice by letter in satisfaction of section 255.05 . . . We agree that the same standard applies in a section 255.05 bond claim on allegations that the contractor . . .
. . . amount less than $200,000, and that the City had retained funds in excess of $10,000 pursuant to section 255.05 . . . grounds, including the fact that Buffalo Tank had not complied with the notice requirements of section 255.05 . . . Section 255.05(2), Florida Statutes (1985), requires a claimant “who is not in privity with the contractor . . . Section 255.05(2) is designed to provide the contractor and the surety with notice from an unpaid claimant . . . Section 255.05(2) does not require any notice to the City itself. . . .
. . . As required by section 255.05, Florida Statutes (1983), Turner obtained payment and performance bonds . . . Because of their importance, payment and performance bonds are mandatory under section 255.05 for government . . .
. . . PUBLIC WORKS PROJECT LAWFULLY WAIVE ITS RIGHTS TO THE CONTRACTOR’S BOND REQUIRED PURSUANT TO SECTIONS 255.05 . . . contract provided that C-Way would furnish a payment and performance bond in accordance with sections 255.05 . . . Because sections 255.05 and 337.18 are for the protection of the public, Coastal argues that their provisions . . . statute, section 713.20(2), Florida Statutes (1987), in construing the w.aiver of rights under section 255.05 . . . We agree. . § 255.05(l)(a), Fla.Stat. (1987), provides in part: When such work is done for the state . . .
. . . Fitzgerald furnished a labor and material payment bond, pursuant to section 255.05, Florida Statutes . . .
. . . Finding that Westinghouse had complied with both notice provisions of section 255.05(2), Florida Statutes . . . (14), Florida statutes (1987), precludes claimants from obtaining liens on public property, section 255.05 . . . Reversed. .Section 255.05(2), Florida Statutes (1983) provides: (2) A claimant, except a laborer, who . . . Stat., aids in construing provisions of section 255.05. See Gergora v. R.L. . . . In Clutter, the court held that the mate-rialman complied with § 255.05(2), Fla.Stat., by delivering . . .
. . . American Casualty Company (American) on a payment and performance bond issued pursuant to sections 255.05 . . . contract indicated that the contractor would be required to furnish a bond in accordance with sections 255.05 . . . The plain language of section 255.05 has, from its inception, stated that the required bond is to be . . . The Fifth District has defined a payment and performance bond issued pursuant to section 255.05 as “an . . . American argues that because section 255.05 was patterned after the Miller Act, 40 U.S.C. § 270a (1986 . . .
. . . . § 255.05 Fla.Stat. (1983). . Ch. 65-254, Laws of Fla. (eff. . . . The state counterpart in Florida is section 255.05, Florida Statutes. . Martin v. . . .
. . . . § 255.05 (West Supp.1987). . . .
. . . one Florida case which allowed delay damages against the surety, dealt with Florida Statute section 255.05 . . . Florida courts have looked to the Miller Act in interpreting Florida Statute section 255.05 governing . . .
. . . Therefore, the supplier substantially complied with the provisions of Section 255.05(2). . . .
. . . rely on the bond in its notice, substantially complied with a similarly worded requirement in section 255.05 . . .
. . . . § 255.05) to execute a payment and performance bond with a surety insurer authorized to do business . . .
. . . asserted herein over De-Bartolo, the contractor, pursuant to pendent jurisdiction claimed under Fla.Stat. 255.05 . . .
. . . Section 255.05(2), Florida Statutes (1983) requires that an action instituted against the contractor . . . Fla. 2d DCA 1983), the court said: Under the natural meaning of “performance of the labor” in section 255.05 . . . constructed building by the owner begins the one-year statute of limitations period provided by section 255.05 . . . Section 255.05(2), Fla.Stat. (1983), provides: (2) A claimant, except a laborer, who is not in privity . . .
. . . would simply recover the sums due from the contractor by claiming against the surety under section 255.05 . . . Section 255.05(l)(a), Florida Statutes (1985), provides, in part: 255.05 Bond of contractor constructing . . . has been imposed on a public body where it failed to require that the bonding contemplated by section 255.05 . . .
. . . . § 255.05 (1986). . . .
. . . . § 255.05(2), Fla.Stat. (1981). . . .
. . . (Centennial), under section 255.05, Florida Statutes (1983). . . . Pinewood contends that it is in privity with Centennial and therefore the notice requirements of section 255.05 . . . Section 255.05 provides for an adequate remedy at law. . . . Section 255.05(2), Florida Statutes (1983) reads: (2) A claimant, except a laborer, who is not in privity . . .
. . . negligently failed to require General Telephone to post a payment and performance bond as required by § 255.05 . . .
. . . Plaintiff seeks recovery under Section 255.05, Florida Statutes (1985). Defendant STINSONHEAD, INC. . . . (“STINSON”) was the general contractor on a public project covered by Section 255.05(1). . . . Defendant INSURANCE COMPANY OF NORTH AMERICA furnished a bond for the project pursuant to Section 255.05 . . . Compliance with the notice provisions of Section 255.05(2) is a condition precedent to an action on the . . . Moreover, to construe Section 255.05, Courts may look to the Mechanics’ Lien Law for guidance. . . .
. . . . § 255.05 (1983), requires all general contractors for public works projects (“contractors”) to post . . . A subsection of the statute, § 255.05(2), (“subsection 2”) provides in part that no action may be instituted . . . We further note that the alleged jurisdictional failure to comply with § 255.05(2) was first raised by . . .
. . . Plaintiffs’ pendent state claim arises under Florida Statutes 255.05 and 713.23. . . . Section 255.05 requires contractors to execute a payment and performance bond with a surety insurer prior . . . For this contention Plaintiffs rely upon Florida Statutes 713.23 and 255.05 which, they argue, make the . . . Even assuming, arguendo, Florida Statutes 713.23 and 255.05 impose liability on the Defendants for Hicks . . . (“Florida Courts have recognized the purpose of Section 255.05 to be ‘the protection of materialmen, . . .
. . . and several liability with the other defendants or (2) a third party beneficiary theory under Section 255.05 . . . , Title 29, U.S.C. §§ 185 and 1132(a)(3) and pendant jurisdiction over related claims under Section 255.05 . . . the Fifth Circuit affirmed a judgment under 29 U.S.C. § 185 and pendent jurisdiction under Section 255.05 . . . ) are solely pendent in nature, based upon plaintiffs’ third-party beneficiary status under Section 255.05 . . .
. . . this appeal that the bond involved in this case is a common law bond rather than a statutory bond, § 255.05 . . .
. . . presented is whether McCain is entitled to recovery against the contractor and surety under section 255.05 . . . Section 255.05(1) provides subcontractors and suppliers not in privity with the general contractor with . . . Terry Balzier & Son, Inc., 188 So.2d 2 (Fla. 2d DCA 1966); § 255.05(2), Fla.Stat. (1982). . . . of Section 255.05(1) is to protect subcontractors and suppliers by providing them with an alternative . . . In addition, however, Section 255.05(2) protects the contractor and the contractor’s surety from having . . .
. . . holding that the insurer under a performance bond on a public works contract issued pursuant to Section 255.05 . . . The court noted that Section 255.05, Florida Statutes, was patterned after the Miller Act, 40 U.S.C. . . .
. . . sureties on the ground that they had not been filed within the one year period set forth in section 255.05 . . . Statutory bonds are those which meet the minimum requirement of section 255.05; common law bonds are . . . Section 255.05, Florida Statutes (1977) requires: (1) Any person entering into a formal contract with . . . the sureties that it was incumbent upon the college to obtain a bond which qualified under section 255.05 . . . In Houdaille the court was concerned with the absence of a reference to section 255.05 in the bond. . . .
. . . The sole issue is whether Backhoe complied with the forty-five-day notice provision of section 255.05 . . . In accordance with section 255.05(1), Blo-sam obtained a payment and performance bond with a surety insurer . . . Section 255.05(2) protects the contractor and the contractor’s surety from having to account to unknown . . . In order to resolve ambiguities in section 255.05, the courts have looked to the Mechanics’ Lien Law . . . Whether the notice provisions of section 255.05(2) have been satisfied must be decided on a case-by-case . . .
. . . . § 255.05(2), Fla.Stat. (1979). . . . Further, as in General Insurance Company, the bond in this case does not make any reference to section 255.05 . . . Although not applicable to this case, section 255.05 now provides that "[a]ll bonds executed pursuant . . . number and shall contain reference to the notice and time limitation provisions of this section.” § 255.05 . . .
. . . USF & G provided a payment and performance bond on this project in accordance with section 255.05, Florida . . .
. . . Paul, the surety, furnished a payment and performance bond pursuant to section 255.05, Florida Statutes . . . Petitioner contends that the same rule should apply to its action under section 255.05. . . . (Emphasis added), while section 255.05(1) states: The claimant shall have a right of action against the . . . Section 255.05 appears to have been patterned after the Miller Act, 40 U.S.C. § 270a, which requires . . . Similarly, we believe the right under section 255.05(1) is a one of direct action against the contractor . . .