Subcontractor Not Paid? Understand Your Florida Options Before You Act

The Short Answer: You Usually Have a Claim Against the General Contractor

If a general contractor didn’t pay my subcontractor invoice, what are my options in Florida? In most cases, you have a claim against that general contractor under your subcontract for the work you did and the materials you supplied.

Those protections are separate from the money claim. A lawsuit for the unpaid balance is one track. The deadlines that protect a lien or bond claim are another. The second clock can start early, often before anyone has sent a demand letter.

This page explains Florida law in general terms. Your subcontract, the project paperwork and the exact dates control the analysis. Some points below depend on the facts, so use them to organize your next steps.

Does a Pay-When-Paid Clause Stop You From Getting Paid?

A pay-when-paid clause ties your payment to the general contractor getting paid by the owner. If that clause applies, the GC may argue that your money isn’t due yet. Many subcontracts include one, so don’t assume yours does or doesn’t. Read the payment section word by word.

Courts look closely at the exact wording. Language that makes owner payment a condition, or says payment is “contingent upon” owner payment, usually gets the most attention. Wording that only sets a general timing schedule may be read differently. Which reading holds up depends on the contract and the facts.

Treat it as a question about the terms, not a final answer.

Step One: Send a Written Demand and Keep Proof It Was Received

A written demand lists exactly what you’re owed and asks for payment by a set date. It turns a vague “where’s my money” into a clear record. That record matters later, whether you pursue a lien, a bond claim or a lawsuit.

Include these items:

• The contract and project name.
• Each unpaid invoice number, amount and date.
• Any unpaid change orders, with the work described.
• A requested payment date.
• A statement that you’ll pursue other remedies if payment isn’t made.

Send it in a way that creates proof of delivery, such as certified mail plus email. Keep copies of everything you send and receive, and note the date each message went out.

The demand can also draw a response. A GC may dispute specific invoices, which narrows the fight. If the GC has already agreed to amounts and promised to pay, that history can support an account stated claim. A Florida appeals court described that claim as requiring proof of an agreement fixing the amount due and a promise to pay it. A demand letter, however, doesn’t replace the deadlines covered below.

Notice Deadlines That Can Protect or End Your Lien Rights

Florida’s construction lien law is in Chapter 713. A missed notice can put lien protection at risk, even when the money is clearly owed. The exact dates depend on when you started, when you last worked, and which notices were already served.

Many subcontractors assume the clock runs from their last invoice. That assumption can be wrong. Check which project event starts each clock, because the deadlines tie to specific events: a lien notice deadline under Chapter 713 may run from a different event, such as first or last furnishing, than a deadline for filing a lawsuit.

The usual sequence has three parts. Each step has its own timing, and a missed step can end that path.

Don’t wait for the GC to pay before you check these dates. Pull the project start date, your first and last delivery or work dates, and every notice you sent. Write them in one place, then review them against the current statute.

Claim of Lien, Foreclosure, and the Lawsuit Clock

Under Fla. Stat. § 95.11, an action founded on the design, planning, or construction of an improvement to real property must in any event be commenced within 7 years after the earliest of the date a temporary certificate of occupancy, certificate of occupancy, or certificate of completion is issued, or the date construction is abandoned if not completed. You may pursue a lien, a lawsuit or both, depending on the facts.

Lien foreclosure asks a court to enforce the lien against the property. It is a lawsuit with its own deadlines and procedures. A lien that isn’t recorded or enforced within the statutory periods can lose its value, so the calendar comes first.

Florida’s general limitations statute sets other deadlines for construction-related claims. Under Florida’s statute of limitations, a claim based on the design, planning or construction of an improvement to real property must be filed within four years. That period runs from whichever comes first: the date the authority having jurisdiction issues a temporary certificate of occupancy, a certificate of occupancy or a certificate of completion, or the date construction was abandoned if it was never completed. When the claim involves a latent defect, the four years instead run from when the defect is discovered or should have been discovered with due diligence, but the action must still be brought no later than seven years after that earliest date. That period runs from the earliest of the certificate of occupancy, certificate of completion or abandonment date. Latent defects follow a separate rule. Counterclaims, cross-claims, and third-party claims that arise out of the conduct, transaction, or occurrence set out or attempted to be set out in a pleading may be brought up to one year after the pleading to which they relate is served, even if they would otherwise be time barred.

Payment Bond Claims on Public and Private Projects

A payment bond is a surety’s promise to pay certain subcontractors and suppliers if the general contractor doesn’t. A bond claim is separate from a lien claim, so you may have one, the other, or both. Public projects often involve a payment bond. Private projects may have one too, so check the paperwork for your job.

The deadline here is short. For a payment bond on which the principal is a contractor, subcontractor or sub-subcontractor, on private or public work, the period to sue to enforce a claim runs from the last furnishing of labor, services, or materials, or from the contractor’s last furnishing if the contractor is the principal on a bond on the same project, whichever is later, except where other statutory provisions govern. That period runs from the last furnishing of labor, services or materials. If the contractor is the principal on a bond on the same construction project, it runs from the contractor’s last furnishing instead, whichever is later. That applies to private work as well as public work. The year runs from the last furnishing of labor, services or materials, or from the last furnishing by the contractor if the contractor is the principal on a bond on the same project, whichever is later.

Request copies of any bond from the owner or the general contractor. Note the surety’s name, the bond number and any contact details in your records file. If you can’t locate a bond, write that down too. Contact our office early to review the deadlines that may apply to your claim.

Filing a Lawsuit: Small Claims, County Court, or Circuit Court

You can sue the general contractor for breach of the subcontract and related claims, such as unpaid change orders. The right court depends on the amount claimed and the claims involved. Smaller claims may fit a simpler process, while larger claims usually go to county or circuit court. Check the current limits before you file.

Location matters too. Under Fla. Stat. § 47.011, actions must be brought in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located. This section shall not apply to actions against nonresidents. For many Tampa Bay projects, one of those counties will be the answer.

Mediation may come early. Under Fla. Stat. § 44.102, a court must, on one party’s request, refer a filed civil action for monetary damages to mediation. Fla. Stat. § 44.102 reads: “(2) A court, under rules adopted by the Supreme Court: (a) Must, upon request of one party, refer to mediation any filed civil action for monetary damages, 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: 1.” That applies when the requesting party is willing and able to pay the costs of the mediation or the costs can be equitably divided between the parties. Under Fla. Stat. § 44.102(2)(a), on the request of one party, a court must refer a filed civil 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 one of the statute’s listed exceptions applies, and one of those exceptions is an action filed for the purpose of collecting a debt. Mediation is a process where the parties work toward resolving the dispute before litigation continues, as federal appeals court guidance explains.

Fees can also shift. If the subcontract has an attorney’s fee clause, Fla. Stat. § 57.105 lets the court allow reasonable fees to the party that prevails. The court may do so whether that party is the plaintiff or the defendant. Fla. Stat. § 57.105 reads: “If a contract contains a provision allowing attorney’s fees to a party when he or she is required to take any action to enforce the contract.”

Settlement offers carry deadlines.

Records to Gather Now, and Licensing Complaints as a Separate Track

Start by collecting the signed subcontract, purchase orders, change orders, schedules of values, daily logs, invoices and delivery tickets. Add every payment record you have. Include lien waivers you signed and any waiver you were asked for but never received.

Communications matter as much as paperwork. Save texts, emails and voicemails with the GC, the project manager and the owner. Write notes of phone calls with the date, time, names and what was said. A note written the same day is easier to rely on than memory months later.

Ask whether the owner or a lender requested a contractor’s affidavit, which is a sworn statement about what the GC paid subs and suppliers. If one exists, it may show what the GC said was paid. If the GC represented payments that never happened, that conflict is worth recording.

A licensing complaint is a different track. That process addresses the license. It doesn’t collect the money you’re owed, so keep it separate from your payment claim.

Talk Through Your Unpaid Invoice With Ayala Law PA

If an unpaid balance sits on your books, the GC has gone quiet, and a lien or notice date is getting close, you’re in the position this page describes. Our team can review the subcontract, the invoices and the dates with you. Call (305) 570-2208 or use the case evaluation form at https://www.lawayala.com/contact/ to start that conversation.

Call (305) 570-2208 to discuss your matter.

Eduardo A. Maura is the responsible lawyer for this page. The firm’s office is at 1646 W Snow Ave in Tampa. The firm serves businesses in Hillsborough County and the Tampa Bay area. If a matter may be referred to another lawyer or firm, we will tell you. For the broader picture, see the firm’s business litigation and construction litigation pages.

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