A notice of nonpayment negligently omits a detail, and neither the contractor nor the surety is prejudiced. What is the effect on the claim?
Correct Answer
B) None, the omission is not a default defeating the claim
Section 713.23(1)(d) states that the negligent inclusion or omission of any information in the notice of nonpayment which has not prejudiced the contractor or surety does not constitute a default that operates to defeat an otherwise valid bond claim. Willful exaggeration is treated very differently.
Why This Is the Correct Answer
Section 713.23(1)(d) states that the negligent inclusion or omission of any information in the notice of nonpayment which has not prejudiced the contractor or surety does not constitute a default that operates to defeat an otherwise valid bond claim. Willful exaggeration is treated very differently.
Why the Other Options Are Wrong
Option A: The claim fails, the notice being a condition precedent
A non-prejudicial negligent omission does not defeat the claim.
Option C: The claim survives only for amounts stated correctly
The claim is not reduced for a non-prejudicial omission.
Option D: The claim is suspended until an amended notice is served
The statute does not suspend the claim for an amendment.
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