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Florida Notice of Nonpayment

Applies to jobs where a bond has been issued.

If a bond has been issued for the project, a person may file a Notice of Nonpayment against the bond in order to recover payment. Under Florida Statute 713.23, a written notice must be served within 90 days from the last day of work or supplying materials. 

Bonded projects are classified into two categories; a public job or a private job. Public jobs are government owned properties and these cannot be liened.

Bonds are required for jobs on state or local government owned property, if the total contract is above a specific amount. In Florida that amount is $200,000. 

Public Jobs
When you have not received payment on a public project in Florida, a Notice of Nonpayment must be received by the bond holder (GC) and bonding company within 90 days of completing work on the job. 

If you are a subcontractor who has a direct contract with the bondholder on a public job, a Notice to Owner is not required. BUT, it is highly advisable that you submit a Notice to Owner, as the public entity keeps track of Notices and requests releases at the time of draws. In the event the subcontractor missed filing a Notice to Owner, he/she still has rights to file a Notice of Nonpayment against the bond in the same 90-day time frame.

Private Jobs
While Florida statutes do not require bonds for private jobs, the property owner can require a bond from the GC in order to protect against risk on a large commercial project.
 
For these jobs, both a Notice of Nonpayment to collect against the bond, as well as a Claim of Lien against the property are used to collect the money owed. This way, you have a greater chance of getting paid, because you have two ways to try to collect. Bonds on these private jobs should be read thoroughly before filing a Claim of Lien to make sure liens are not prohibited. 

Florida's construction lien law is complex and cannot be covered completely in this section. We recommend that whenever a specific problem arises you consult an attorney.

Nonpayment Notice Request

 

 
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