Payment Bond Claims in Florida Construction
Who Can File a Payment Bond Claim
Under Florida law, several parties have the right to make a payment bond claim:
- Subcontractors who do not have a direct contract with the owner
- Sub-subcontractors and material suppliers furnishing labor, services, or materials
- Laborers providing direct work on the project
Eligibility depends on the project’s structure and the bond terms. Our attorneys help Florida subcontractors and suppliers confirm their rights and properly document claims against payment bonds to avoid procedural pitfalls.
How to File a Payment Bond Claim in Florida
Filing a payment bond claim in Florida involves specific steps and strict timelines:
Notice to Contractor:
If you don’t have a direct contract with the bonded general contractor, you must serve a Notice to Contractor within 45 days of first furnishing labor or materials.
Notice of Nonpayment:
If payment remains outstanding, serve a Notice of Nonpayment on the contractor and surety within 90 days of your last work or delivery.
Enforcement Lawsuit:
If the claim is not resolved, you must file a lawsuit to enforce your surety bond claim within one year after final furnishing.
Key Deadlines & Legal Requirements
Florida’s Little Miller Act (Section 255.05, Florida Statutes) governs public project payment bonds, while private bonds follow similar contractual rules. Key timing requirements include:
- 45 days: Serve the Notice to Contractor
- 90 days: Serve the Notice of Nonpayment
- 1 year: File suit on the bond
Missing any of these deadlines can void your claim. Contact us to ensure that all statutory and contractual obligations are met, maintaining the enforceability of your payment bond claims in Florida.
Common Bond Claim Mistakes
Many claims fail due to technical missteps, such as missing statutory notice deadlines under Florida’s bond laws, misidentifying the surety or bonded contractor, failing to include required documentation with the Notice of Nonpayment, or assuming that private projects don’t require notices. Bitman Law helps clients avoid these costly mistakes by carefully managing every aspect of notice preparation, delivery, and recordkeeping to ensure that your surety bond claim in Florida construction fully complies with the law and withstands legal scrutiny.
How Bitman Law Pursues Bond Claims for Clients
Whether you’re a Florida subcontractor pursuing a payment bond claim or a contractor defending against one, Bitman Law delivers fast, strategic, and results-driven representation:
- Preparing and serving Notices to Contractor and Notices of Nonpayment
- Negotiating with surety companies and general contractors
- Filing lawsuits to recover full payment when disputes arise
- Defending subcontractors or owners against improper or inflated claims
Florida Construction Breach of Contract FAQs
Do payment bond claims replace liens in Florida?
Yes. On public construction projects, lien rights are not available, so payment bond claims serve as the substitute remedy for subcontractors and suppliers.
Can I file both a lien and a bond claim?
Generally, no. You may have one or the other depending on the project type — public projects use bonds, while private projects allow liens.
What if the surety denies my claim?
If the surety rejects your claim, you can file a lawsuit against the bond within one year. Our attorneys handle litigation against sureties to secure payment recovery.
