When a property owner finds defects in its general contractor’s work, declares the contractor to be in default and terminates the construction contract, perhaps the last thing it expects is to be forced to rely on the defaulting contractor to complete the project. Yet that is exactly what happened to a Marathon, Fla. condominium association after the provider of its surety bond elected to retain the original contractor to complete the project.
In Seawatch at Marathon Condominium Association v. The Guarantee Company of North America et al., the Florida Keys condominium association retained Complete Aluminum General Contractors for a $5.4 million construction contract for extensive renovations to the community’s three condominium buildings (pictured here). The Guarantee Company of North America executed a surety bond to secure CAGC’s performance under the contract for the association.
When the association discovered defects in the renovations, it declared the contractor in default and terminated the contract. It then requested Guarantee to promptly exercise one of its options pursuant to the performance bond.