|
Developer, Contractor, and the Surety for a bankrupt Subcontractor, litigated liability for the Subcontractor's defective work. The claim was resolved and the trial court entered a partial final judgment against the Surety, for the cost to repair the Subcontractor's work. Contractor then requested pre-judgement interest. The trial court denied the request for pre-judgement interest.
The Appellate court agreed, holding that because the Contractor only sued the Surety for indemnification against any liability it would have to the Developer, the loss of use of funds was not at issue in the case.
Moral: If you don't ask for it, you won't get it. Centex Great Southwest Corp. v. Aetna Casualty and Surety Co., 718 So.2d 1269 (Fla. 5DCA 1998). |
