[CLC-Discussion] Is a 255.05 Bond Required or Not .... that is the question.

[leslie.tomczak at akerman.com]

Hi all!

I have a private owner who is hiring a GC to perform exterior improvements to its commercial property which involves, in part, improvements (i.e., new pavers, landscaping, etc.) to a public right-of-way (i.e., the entrance to the owner's property) owned by the City.  Under this scenario, is the private owner required to have the GC post a 255.05 bond for this work?  The City is not contributing funds to the project.

I found a Florida Attorney General Opinion (AGO 2012-12) that required a private party who leased land from a public entity to obtain a bond when doing work on the land and contained a discussion on what is or may be a "public work" for purposes of 255.05, but nothing directly on point yet.   Any input would be greatly appreciated.

Leslie Tomczak
Board Certified by The Florida Bar in Construction Law
LEED AP
Akerman LLP I 350 East Las Olas Boulevard I Suite 1600 I Fort Lauderdale, FL 33301
Dir: 954.759.8926 I Main: 954.463.2700 I I Fax: 954.463.2224
leslie.tomczak at akerman.com


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