Peckar & Abramson’s Miami office achieved a favorable outcome for its client, a surety that issued a performance bond for a general contractor, against claims from the project owner for failure to provide necessary notices under an A312-2010 performance bond.

The project owner, as the plaintiff, sought to hold our client liable for alleged breaches under the performance bond related to delays and defects, despite the project being completed in June 2021. Notably, the lawsuit was filed in 2024, well after the project’s completion.

P&A discovered the plaintiff failed to issue the required notices under the performance bond to trigger our client’s obligations under the performance bond. P&A successfully moved to dismiss the initial complaint due to this critical failure. Although the plaintiff was allowed to amend its complaint, they attempted to rectify their oversight by issuing an untimely notice of default and notice of termination. P&A then filed a Motion to Dismiss the amended complaint, emphasizing the significant prejudice our client would face if the case proceeded based on the untimely notices. As a result, the plaintiff withdrew its claims against the surety before the motion could be heard.

This matter was handled by Freddy Muñoz, Stefanie Salomon, and Alexandra McKissick.