Hernandez, Landrum & Carlson shareholder, Robert Carlson obtained a defense
verdict following a bench trial in Miami-Dade County, Florida.
matter arose out of a claim of non-payment by a subcontractor under a Fla.
Stat. 255.05 payment bond issued for a public school project. The suit was initially brought against the
surety and general contractor for the project. The general contractor obtained summary judgment early in the litigation
as the result of a pay-if-paid provision in its subcontract agreement. The surety obtained summary judgment on the
eve of trial relating to various unsigned change orders and proceed to trial on
unpaid retainage based on its Statue of Limitation defense.
two years of litigation and against seven highly aggressive lawyers for the
subcontractor, Mr. Carlson was successful in obtaining findings that the only
work performed within one year of suit was minor corrective work, and therefore,
did not serve to toll the Statute of Limitations. The case turned on impeachment of the
subcontractor’s key witnesses through the clever use of metadata and other
evidence in the project files.
next phase of the proceedings will be a request for a fee award as the
prevailing party under Fla. Stat. 255.05(2).