Election of Remedies

The Plumbing Service Company v. Progressive Plumbing, Inc., ___ So. 3d ___, 35 Fla. L. Weekly D2335 (Fla. 5th DCA 10/22/10)

The plaintiff’s recovery under a payment bond for work actually performed did not bar the plaintiff’s claim for lost profits against a subcontractor, who ejected the plaintiff from the job before the completion of the plaintiff’s work. The doctrine of election of remedies was inapplicable because damages for lost profits were not available against the surety.  The doctrine is designed “to prevent a double recovery for the same wrong.” A party may elect to purse one consistent remedy without waiving its right to pursue another consistent remedy unless it received full satisfaction by pursuing the first remedy.