FS 337.18 Bond/Notice of Contest?

GE
Greg Elliott
Wed, Feb 22, 2012 1:24 PM

Have any of you learned folks come across a provision similar to that in
255.05, that allows one to shorten the time for a claimant to commence
their bond claim action from 1 year to 60 days, but applicable to an FS
337.18 (FDOT) bond.  We have a sub-sub holding up payment of final
progress and retainage by refusing to furnish a waiver base upon a claim
for additional compensation that has already been heard and rejected.
There is nothing similar to the 255.05 (and 713) provisions in FS
337.18, I see nothing in the specs and nothing in section of DOT
sections of FAC.

I recognize there are some ordinary litigation avenues to force the
issue, but would prefer to put the ball in the claimant's court.

G. Elliott

Gregory T. Elliott
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Board Certified In Construction Law

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Have any of you learned folks come across a provision similar to that in 255.05, that allows one to shorten the time for a claimant to commence their bond claim action from 1 year to 60 days, but applicable to an FS 337.18 (FDOT) bond. We have a sub-sub holding up payment of final progress and retainage by refusing to furnish a waiver base upon a claim for additional compensation that has already been heard and rejected. There is nothing similar to the 255.05 (and 713) provisions in FS 337.18, I see nothing in the specs and nothing in section of DOT sections of FAC. I recognize there are some ordinary litigation avenues to force the issue, but would prefer to put the ball in the claimant's court. G. Elliott -- Gregory T. Elliott **/ELLIOTT - BERGER, P. A./**// 10225 Ulmerton Road, Suite 4A Largo, Florida 33771 (727) 360-2600 (Phone) (727) 360-6588 (Fax)* Board Certified In Construction Law * *_NOTICE OF CONFIDENTIALITY:_***This message and its attachments are intended solely for the use of the addressee. In addition, this message and the attachments may contain information that is confidential, privileged and exempt from disclosure under applicable law. If you are not the intended recipient of this message, you are prohibited from reading, disclosing, reproducing, distributing, disseminating or otherwise using this transmission. Delivery of this message to any person other than the intended recipient is not intended to waive any right or privilege. If you have received this message in error, please promptly notify the sender by reply E-mail and immediately delete this message from your system.