You finished the work or delivered the materials, and the public project still hasn’t paid you. A payment bond claim on a Florida public project is generally the main route to getting paid, because the construction lien used on private property is usually not available on public land.
The Short Answer: On a Florida Public Project, the Bond Replaces the Lien
On a public job, a payment bond generally stands in for the lien you could file on a private building. The bond is a promise from a surety company to pay subcontractors, sub-subcontractors, and suppliers who were not paid for their work. Florida’s bond rules set out the notice and filing steps a claimant follows.
The lien matters because it attaches to the property itself. A bond works differently. Your claim runs against the bond and the parties behind it, so the steps you take and the dates you track carry much of the weight. Ayala Law PA focuses on business litigation, including construction litigation. That covers contractor and subcontractor disputes and bond claims in Florida courts and arbitration.
Not sure what your next step is?
Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
Who Can Make a Payment Bond Claim
Subcontractors, sub-subcontractors, and suppliers who furnished labor, services, or materials for a public project and were not paid are the usual claimants. Your place in the payment chain matters. So does what you actually furnished to the project.
Work you did for the prime contractor and work you did for a subcontractor can raise different questions. A supplier who sold materials to a subcontractor may stand in a different spot than the subcontractor who hired the crew. Whether you qualify depends on the facts. Start by gathering your contract, purchase orders, and invoices, so you can show who hired you and what you supplied.
The Section 255.05 Notice Chain and Its Deadlines
A payment bond claim moves in steps. You confirm the bond, send the required notice, and then file suit if the money still isn’t paid. Each step has its own clock. A missed step can put your claim at risk, so put every date on a calendar the day you start.
Florida’s general timing rule explains where the clock starts. Under § 95.031, except where subsection (2), s. 95.051 or another statute provides otherwise, a cause of action accrues when the last element constituting the cause of action occurs.
Build your file before the notice goes out. Keep these records together:
- The signed contract and purchase orders
- Delivery tickets and signed receipts
- Daily logs and time sheets
- Pay applications and change orders
- Every unpaid invoice, with dates and amounts
The Sworn Notice of Nonpayment
A notice of nonpayment is the formal written demand that tells the contractor and the surety what you are owed. It typically names the project, the amount unpaid, and the dates of your work. Because it is a formal document, every figure should match your records before it goes out.
Errors cause real trouble. A wrong amount or a wrong date can invite a dispute about the notice itself, and that fight can slow your claim. Check each number against your invoices, delivery tickets, and logs. Have the person who signs for your company read the dates line by line before anything is sent.
Many claimants make the same mistake here. They estimate the amount from memory instead of pulling the invoices. Pull the paperwork first, then write the numbers down.
Why Your Last Furnishing Date Matters Most
Your last furnishing date is the final day you supplied labor or materials to the project. It anchors the timing of your claim, so it is the date to protect in your records. Timing problems can end a claim before anyone reaches the question of whether the money is owed.
The final date can be harder to pin down than it seems. A warranty repair, a return trip, or punch-list work may lead the other side to argue for a different final date. That argument can shift the timing in their favor, so your records need to answer it.
Keep a dated record of every visit, delivery, and repair. A simple log, with photos where useful, shows when your work actually ended. Store copies outside the job site, so you still have them if the project closes and the paperwork disappears.
Suing on the Bond and Where the Case Goes
A bond claim is generally litigated in a Florida court. The surety and the contractor are usually the parties on the other side. A separate statute sets the time limit for filing suit; § 95.031 says that, except as provided in subsection (2), in s. 95.051 and elsewhere in the statutes, the time under a statute of limitations runs from when the cause of action accrues, so the case has to move on that schedule.
Some contracts send disputes to arbitration instead. Florida law treats a written agreement to arbitrate as valid, enforceable, and irrevocable, except on grounds that exist for revoking any contract, under § 682.02.
Read your subcontract for an arbitration clause before you file. That clause can decide where the dispute is heard. Your records and your notices should be ready for either path.
Not sure what your next step is?
Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
Attorney’s Fees: Who Pays?
Under Florida’s general rule, each side pays its own attorney’s fees unless a contract or a statute provides otherwise. The Florida Supreme Court states this rule in Price v. Tyler.
Whether a bond claim lets you recover fees turns on the statute and any contract involved. Don’t assume the other side will pay your legal costs. Start with the default rule and plan your budget around it.
Ask about fee terms early. Knowing what you may owe before you commit keeps the decision clear.
Payment Bonds Versus Performance Bonds
A payment bond aims to get workers and suppliers paid. A performance bond aims to get the contractor to finish the job. They protect different people against different problems.
The difference shows up in who files and what they file. Unpaid workers and suppliers are the people a payment bond claim is for. A performance bond responds when the contractor fails to complete the work. Keep a note of which bonds the project carries.
A common mistake is treating the two as interchangeable. Ask the general contractor for a copy of the bond before you send anything. Then you’ll know which bond you’re working with.
Why You Cannot Lien a Public Project
A construction lien generally cannot attach to public property. A bond can also be used to stand in for a lien while the underlying dispute is resolved. The bond is the surety’s obligation, so your claim goes to the bond rather than to the building.
Other claims can sit alongside the bond claim, depending on the contract. A fraud claim is not automatic, though. Under Frutafino, S.A.S. v. Dole Chile, S.A., a plaintiff generally may not recover in tort for a contract dispute unless the tort is independent of the breach.
If a written contract covers the same work, an unjust enrichment claim generally fails. Williams v. Johnson states that rule for express contracts covering the same subject matter.
Talk Through Your Unpaid Project With Ayala Law PA
If an unpaid invoice on a public job has you asking whether the bond can pay you, reach out to Ayala Law PA by calling (305) 570-2208 or through the firm’s contact page. Talk through your timeline before any deadline passes.
Eduardo A. Maura is the lawyer responsible for this page. The firm’s office is at 1646 W Snow Ave in Tampa, Florida, and the firm serves businesses in Hillsborough County and the Tampa Bay area. Fee terms are explained directly with the firm before any engagement. Every matter turns on its own facts, and no outcome is promised.
Frequently Asked Questions
Can a subcontractor place a construction lien on a public building in Florida?
Generally no, because the lien route is usually not available on public property. The payment bond is the main path in that situation.
Who pays attorney’s fees in a Florida payment dispute?
Under the American Rule, each side generally pays its own fees unless a contract or statute says otherwise.
Does a written contract stop an unjust enrichment claim?
When an express contract covers the same subject matter, an unjust enrichment claim generally will not stand.
