Sent via Facsimile and

Certified Mail, Return Receipt requested no. ______

surety

Attn: Claims Department

3 Parkway, Ste. 1500

address

address

Subject: Principal:contractor name

Surety:surety name

Obligee:The School Board of Broward County, Florida

Performance Bond No. bond number (Remember to attach bond)

project name

facility - Proj. No. P.

Demand for Correction of Defaults

To Whom It May Concern:

On date, The School Board of Broward County, Florida (the “School Board”) and principal (“XXX”) entered into a contract to scope at facility (the “Contract”), with a Contract amount of $XXXXXXX.

Simultaneous with entering into the Contract, XXX (as Principal), and surety (“XXXX” as Surety), issued performance bond number XXXXXXXXX to the School Board as Obligee (“Bond” - see attached).

Please be advised that principalXXX has failed to fully comply with, carry out and perform the terms and conditions of the aforementioned agreement, specifically; XXX has failed to correct deficient describe the work work. Despite previous notices and demands, discussions and meetings amongst and between the parties (including legal counsel for both parties INCLUDE IF APPLICABLE), all in an attempt to resolve the deficient work issue and expedite correction, there has been no progress.

Accordingly, principalXXX has defaulted under the terms of the Contract for failure to correct the deficiencies, specifically:

  • defect
  • Defect
  • Defect
  • Defect – continue list.

Demand is hereby made upon surety XXX, under the terms, conditions and obligations of the above-referenced bond, to correct such deficiencies under the terms of the Bond within sixty (60) days of receipt by surety XXX of this demand.

Should surety XXX fail to correct such deficiencies within sixty (60) days of receipt, the School Board intends to complete the aforementioned work and seek recovery from surety XXX of any and all damages resulting from this failure to respond according to the terms of the contract, bonds, and as otherwise provided by law. Such remedies include but not be limited to, the recovery of consequential damages for the cost of correction of such defective work before completion of the construction contract; liquidated damages as the contract may provide: additional legal, design professional and delay costs resulting from principalXXX default and/or resulting from the actions or inactions or failure to act of surety XXX; actual damages caused by delayed performance or non-performance of principalXXX and all costs incident to ascertaining the nature and extent of surety XXX's default, including engineering, accounting and legal fees

Please advise the undersigned in writing, within ten (10) days of receipt of this letter, your proposal to correct the default of principalXXX. If I do not hear from you within ten days regarding your proposal, it will be presumed that you do not intend to correct the default of principalXXX, and the School Board shall act accordingly.

Sincerely,

Thomas E. Lindner

Deputy Superintendent

Facilities and Construction Management Division

TL:___

Attachment (if any documents are referenced in letter, as referenced above)

c:surety, address

surety agent

principal’s attorney

Contractor

J. Paul Carland, II, General Counsel

principal

Shelley Meloni, Executive Director, Facilities & Construction Management

, Project Manager Denis Herrmann, Director Design and Construction Contracts

, Project Consultant

Project File