K & M Electric Supply, Inc. v. Brown Electrical Solutions, LLC
A material supplier on a public construction project filed a bond claim under §255.05, Florida Statutes, for approximately $123,000 — more than double the value of materials actually incorporated into the project (~$56,000) — without conducting any pre-filing investigation. The general contractor and surety moved for summary judgment on the fraudulent notice of nonpayment defense. The Fourth DCA affirmed, holding that the notice was fraudulent as a matter of law because the supplier prepared it with such willful and gross negligence as to amount to a willful exaggeration.
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