You finished the work, sent the invoice, and the check still hasn’t arrived. Now you want to know how long the other side can wait.
There isn’t one number that fits every Florida construction job. Prompt payment timing depends on whether the project is public or private and on what your written subcontract says. The deadline to sue is a separate clock, set by Florida’s limitations statute.
The Short Answer: Project Type and Your Contract Set the Payment Clock
Payment timing on a Florida job comes from two places: the rules that fit the project and the subcontract you signed. Who owns the project decides which path applies. A government body owns a public job. A company or person owns a private one.
Many subcontractors search for one number and stop there. That shortcut often points to the wrong rule. Start with three questions: who owns the project, what the written payment terms say, and when your work or delivery was complete.
Keep two clocks apart. The first measures how long the other side has to pay you. The second measures how long you have to file suit if payment never comes. Florida’s limitations statute, § 95.11, raises a separate timing question that is worth reviewing early, before settlement talks stretch on.
If an unpaid invoice on your Tampa or Brandon job has you wondering whether you have a claim, reach out to our team to talk through your subcontract and your dates. Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
Public Projects: Start With the Owner and the Governing Statute
Public work is built for a government body, such as a county, city or state agency. The statute for that kind of job sets the payment timing, so confirm who owns the project first. Pull the bid documents and the prime contract, not just your own purchase order.
Check that your subcontract matches the public contract. Subcontractors often sign forms written for private jobs and miss how public terms reach down to them. A mismatch can leave you unsure which timing applies.
Public work also carries a practical risk: waiting. Some subcontractors hold off on a demand while the general contractor sorts out a dispute with the owner. Waiting can cost you time under the limitations clock, so put every payment request in writing as soon as an invoice goes unpaid.
Private Projects: Your Subcontract Sets the Timing
On a private job, the written subcontract usually controls most of the timing. Read the payment schedule, the trigger for each payment, and any condition that must happen first. Those three terms decide when money is due.
Watch for “pay when paid” language. It ties your payment to the date the owner pays the general contractor, so the clock may not start until that happens. Read that clause closely before you assume a fixed number of days applies.
A one-sided payment term is not automatically unenforceable. A Florida court must find both procedural and substantive unfairness before it refuses to enforce a contract term. Basulto v. Hialeah Automotive explains that both must be present, weighed together.
Oral promises are risky. Florida’s Statute of Frauds (§ 725.01) requires certain agreements to be in a signed writing. DK Arena, Inc. v. EB Acquisitions I, LLC holds that promissory estoppel cannot be used to enforce an oral agreement the Statute of Frauds requires in writing. If the promise to pay was only spoken, that theory may not help you. Ayala Law PA handles commercial contract disputes, including payment disputes over written subcontracts.
Progress Payments, Final Payment and Retainage
Progress payments, final payment and retainage each run on their own timing. Each one depends on a different event, so track them separately.
A progress payment usually follows a pay application. Say you submit one on the 25th for work completed through that date. The general contractor reviews it, the owner pays the contractor, and the contractor pays you. Each step can take longer than you expect.
Retainage is money held back from each payment, often as a cushion until the job is finished. Your subcontract controls how much is held and when it’s released. Don’t assume retainage comes back with final payment unless the contract says so.
Final payment can stall at closeout. Lien waivers, punch-list items and final documents are common holdups. Ask in writing what is still open and when it will be done, so the delay has a paper trail.
Interest and Fees on Late Payments
Interest on a late payment usually depends on your contract first. A written rate controls. Florida’s judgment interest statute, § 55.03, says the Chief Financial Officer sets the rate each quarter. That rate averages the New York Federal Reserve discount rate over the prior 12 months and adds 400 basis points. The same statute says nothing in it affects a rate set by written contract.
Where interest accrues without a special contract rate, § 687.01, points back to the § 55.03 rate.
Fees work differently. Under Florida law, each side generally pays its own attorneys’ fees unless a contract or statute says otherwise. Price v. Tyler states that rule. So the fee terms in your subcontract matter.
Fee clauses can cut both ways. Under § 57.105(7), when a contract allows fees to a party that must enforce it, the court may allow reasonable fees to the other party if that party prevails, for contracts entered into on or after October 1, 1988. Check the clause before you file. Interest and fee questions are separate from lien rights, so review them together.
Change Orders and Pay Requests: Document Them Early
Unapproved change orders are a common reason extra work goes unpaid. A change order that sits without a signature gives the other side an easy reason to delay.
Document each change in writing before you start the added work. Keep the signed change order, the dated pay request that includes it, delivery logs, and emails asking for approval. These records show what was added and when payment became due.
Written scope matters. Williams v. Johnson holds that where an express contract covers the same subject matter, claims arising from that relationship will not support unjust enrichment. Extra work outside the written scope needs its own written approval.
Invoices can also be a separate claim. An account stated claim requires proof of an agreement between parties with prior transactions, fixing the amount due, and a promise to pay it. Bushnell v. Portfolio Recovery Associates, explains that test.
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.
What Tampa-Area Businesses Should Do When a Payment Is Late
Start by gathering records. Pull the subcontract, pay applications, change orders, lien waivers, delivery tickets and written payment messages. Put them in date order so the timeline is clear before you contact the other side.
Next, know the steps. A written payment demand usually comes first. A construction lien is a separate tool with its own requirements. A court case or arbitration comes after that. Under § 682.02, a written arbitration agreement is valid and enforceable, except on grounds that exist for revoking a contract. The court decides whether the agreement exists.
Mediation may be part of a court case. Under § 44.102, a court must, on one party’s request, refer a filed action for monetary damages to mediation, provided the requesting party is willing and able to pay the costs of the mediation or the costs can be equitably divided between the parties, unless an exception applies. One exception covers actions filed to collect a debt.
Watch the one-year trap. For claims to enforce a payment bond on which the principal is a contractor, subcontractor, or sub-subcontractor, § 95.11 imposes a one-year limit that runs from the final provision of labor, services or materials, or from the contractor’s final provision if the contractor is the principal on a bond on the same construction project, whichever is later, unless the action is governed by s. 255.05(10), s. 337.18(1), or s. 713.23(1)(e). Waiting for a dispute to settle can use up that year. Some statutes carve out their own rules, so confirm which one applies to your job. Every matter turns on its own documents.
Contact Ayala Law PA About Your Unpaid Project
If you’re a subcontractor in Tampa, Brandon, Riverview or Plant City holding an unpaid invoice, the first question is which clock is running. Ayala Law PA is located at 1646 W Snow Ave, Tampa, and represents businesses in Tampa and Hillsborough County. Eduardo A. Maura is the responsible lawyer for this page. The firm’s practice covers construction litigation, contract disputes and commercial litigation.
Case evaluations are paid engagements. Fee details are provided when you contact the office.
Frequently Asked Questions
How long does a contractor have to pay a subcontractor in Florida?
The answer depends on whether the project is public or private and on the written subcontract. Check your payment terms first.
How long do I have to sue over an unpaid construction invoice?
Florida’s limitations statute sets that clock, and the period varies by claim type. A payment bond claim, for example, on a bond on which the principal is a contractor, subcontractor, or sub-subcontractor is generally subject to a one-year limit that runs from the final provision of labor, services or materials, or from the contractor’s final provision if the contractor is the principal on a bond on the same construction project, whichever is later, except for actions governed by s. 255.05(10), s. 337.18(1), or s. 713.23(1)(e).
Does the interest rate in my subcontract apply?
Yes, a written contract rate controls over the judgment rate in § 55.03. Section 55.03 does not affect a rate established by written contract or obligation; the statutory judgment rate it sets applies to judgments.
Who pays attorney’s fees in a Florida payment dispute?
Each side generally pays its own, unless a contract or statute says otherwise. Check your subcontract for a fee clause.
If your unpaid invoice is on a job like this, call (305) 570-2208 or request a case evaluation to talk through your subcontract, your dates and which clock applies.
