QUALITY GLASS AND MIRROR, INC., A FLORIDA CORPORATION, APPELLANT,
v.
JOHN C. RITCH, GENERAL CONTRACTOR, INC., A FLORIDA CORPORATION, AND UNITED STATES FIDELITY AND GUARANTY CORPORATION, APPELLEES
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The appellate court reversed a judgment against a surety on a bond for a mechanic's lien, finding that the subcontractor failed to prove the necessary prerequisites for enforcing the lien, even after it was transferred to the bond.
A subcontractor must prove all prerequisites for enforcing a mechanic's lien, even when the lien has been transferred to a bond, and failure to do so means the claimant cannot recover against the surety.
A subcontractor filed a lien against a property after leaving a job. The general contractor transferred the lien to a bond, with the appellant surety …
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PER CURIAM.
The trial court granted summary judgment for appellees Ritch and United States Fidelity and Guaranty Corporation on the ground that their performance and payment bond was a statutory bond pursuant to Section 255.05, Florida Statutes (1977), and that appellant, plaintiff below, filed his complaint alleging nonpayment for materials after the statutory one year limitation period on actions had expired. We hold that even though this bond contained provisions not required by Section 255.05, the bond must be considered statutory and not common law, which would be subject to a longer limitation period, because the bond did not expand the payment provisions beyond those stated in Section 255.05.
AFFIRMED.
MILLS, C. J., and ROBERT P. SMITH, Jr. and SHIVERS, JJ., concur.
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Fla. Keys Cmty. Coll. v. Ins. Co. OF N. Am. & Fid. Fire Ins. Co., 456 So. 2d 1250 (Fla. 3d DCA 1984)…ed Bonding Insurance Co. v. City of Holly Hill, 249 So. 2d 720 (Fla. 1st DCA 1971). When the sureties’ obligations have not been extend [*1252] ed beyond minimum requirements, the bond remains a statutory bond. Quality Glass & Mirror, Inc. v. Ritch, 373 So. 2d 723 (Fla. 1st DCA 1979), cert, denied, 385 So. 2d 760 (Fla.1980). The primary test in determining whether a bond is a statutory bond or a common law bond depends upon an examination of the obligations imposed upon the principal and its surety. The test…