Condo Assoc./Performance Bonds
Condo Associations are Successors-in-Right to Contractor Performance Bonds,and may bring action on the Bond.
Ed Fleming successfully argued, in a case published in the Florida Supplement, that a Condominium Association has standing to sue a performance bond Surety both as a successor in interest to the developer, as well as an assignee.
The trial court followed, as persuasive, a First District Court of Appeals decision in Florida that was withdrawn after the Surety settled with the Association, and made consent to withdrawal of the opinion a condition of the settlement. The full opinion can be read below:
Ed serves as an Arbitrator, without charging for travel time, throughout the United States in Florida, Georgia, Alabama, Mississippi, Tennessee, Louisiana, South Carolina, North Carolina, Kentucky, Virginia, West Virginia, Arkansas, Texas, Oklahoma, Missouri, Ohio, Pennsylvania, New York, Maryland, Washington, District of Columbia, Indiana, Illinois, Michigan, Wisconsin, Minnesota, North Dakota, South Dakota, New Mexico, Arizona, California, Oregon, Nevada, Idaho, Wyoming, Iowa, Nebraska, Kansas, Montana, Rhode Island, Delaware, Connecticut, Massachusetts, Maine, Vermont, New Hampshire, New Jersey, Colorado, Hawaii, and Alaska.
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