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The post below was published on Tuesday, October 26th, 2010 at 8:07 AM.

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Fifth District: Election of Remedies, Construction Cases

Construction and surety fans may be interested in this case. A subcontractor ejected a sub-subcontractor in the middle of a construction project, without payment. The latter successfully brought a chapter 713 suit against the surety whose payment bond covered the project, collecting the value of the unpaid work. The ejected sub-subcontractor then sued the subcontractor in contract to recover lost profits for the work not performed. Is the second suit barred by the election of remedies doctrine? No, said the Fifth District.

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