Bridgeport, Inc. v. Tampa Roofing Co‪.‬

Bridgeport, Inc. (the Contractor), and Onebeacon Insurance Company (the Surety) appeal an Order Finding Common Law Bond, an Order Granting Summary Judgment, a Summary Final Judgment, and an Amended Summary Final Judgment entered in favor of Tampa Roofing Company (the Subcontractor). We reverse, in part, because the trial court incorrectly concluded that a bond issued by the Surety constitutes a common law bond rather than a statutory bond and that the Subcontractor's claim on the bond was not time-barred. We affirm without comment the trial court's award of damages against the Contractor and in favor of the Subcontractor on its breach of subcontract claim. The Contractor entered into a contract with Kash & Karry Food Stores, Inc. (the Owner), for construction of a grocery store. The Contractor and the Subcontractor then entered into a subcontract for roofing work. After the Contractor failed to make full payment under the subcontract, the Subcontractor filed a complaint against the Contractor for breach of the subcontract and against the Surety on the bond that had been furnished on the project.