A supplier not in privity with the contractor sues on the bond having served only the notice of nonpayment. What is the problem?
Correct Answer
C) Both required notices must have been given before suit
Section 713.23(1)(e) states that an action for the labor, materials or supplies may not be instituted or prosecuted against the contractor or surety unless both notices have been given, if required by the section. The notice to contractor and the notice of nonpayment are separate conditions precedent.
Why This Is the Correct Answer
Section 713.23(1)(e) states that an action for the labor, materials or supplies may not be instituted or prosecuted against the contractor or surety unless both notices have been given, if required by the section. The notice to contractor and the notice of nonpayment are separate conditions precedent.
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