January 28, 2008

SUBCONTRACTOR ENTITLED TO SUMMARY JUDGMENT WHEN SURETY FAILS TO SUBMIT TIMELY ANSWER TO PAYMENT BOND CLAIM

United States District Court for the Middle District of Florida

By Daniel P. Wierzba

Forty-eight days pass before a surety responds to a payment bond claim from a subcontractor—three days past the bond’s 45-day deadline. As such, the subcontractor is entitled to summary judgment.

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