The Surety Can Get An Injunction Requiring Indemnitors to Post Collateral

Most indemnity agreements have a collateralization clause requiring indemnitors to post collateral upon the surety’s demand and in the surety’s sole discretion. Florida courts favor upholding such clauses, and will enjoin indemnitors, ordering them to post collateral. See Travelers Cas. andRead more

Can a Principal Sue its Own Surety?

Does Florida law allow a payment and performance bond principal to maintain a cause of action against its surety? The scenario where this typically comes up is in an indemnity action (where, at least in Florida, “it is well settledRead more

6 Defenses of the Payment and Performance Bond Surety under Florida Law

Under Florida law, a surety generally has all of the rights and defenses of its principal (the general contractor or subcontractor) and an array of unique surety defenses. Florida courts allow sureties to assert the defenses and claims of its principalRead more

How Can a Florida Surety Recover its Attorney Fees from the Bond Claimant?

Florida sureties rarely win attorneys’ fees. Up until a few weeks ago, a good strategy to try to make your opponent pay your fees and costs was to quickly send a settlement proposal, citing Fla.Stat. 768.79. There used to be aRead more