A payment bond claim asks the surety on a construction bond to pay money the contractor owes to the people who worked on or supplied a project. On a private Florida job, this claim may be available when a contractor does not pay for work it accepted. The deadlines are strict, so the dates matter as much as the dollars. This page explains how these claims work, which steps decide whether a claim survives, and how Ayala Law PA handles them for businesses in Tampa and Hillsborough County. The firm serves businesses in Tampa, Hillsborough County, Brandon, Riverview, Plant City, Temple Terrace, and the wider Tampa Bay area.
What is a payment bond claim on a private Florida project?
A payment bond claim is a demand made against the bond that backs a contractor’s promise to pay the people working on the job. The contractor is the principal, and the bond company is the surety. When the contractor does not pay, a claim can go to the surety, not only to the contractor.
Florida’s limitations rules for suing on a payment bond where the principal is a contractor, subcontractor, or sub-subcontractor apply to private work as well as public work, though actions governed by certain other statutes, such as s. 713.23(1)(e), are treated separately. Start by checking the contract and project paperwork to see whether a bond was issued.
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 in Florida?
Anyone who furnished labor, services, or materials to a private project may have a claim. The limitations statute refers to bond claims where the principal is a contractor, subcontractor, or sub-subcontractor. Map your place in that chain before you act.
- Subcontractors who finished work and were not paid in full.
- Sub-subcontractors further down the chain.
- Suppliers and laborers who delivered materials or labor and were not paid. Check whether the bond covers your role.
- General contractors who face a bond claim from a subcontractor, or who need to know what the bond covers.
- Owners and developers who receive a claim before they make final payment.
Each role has different steps, so confirm yours early.
What can a payment bond claim cover?
A claim seeks money owed under the contract for work and materials actually furnished to the project. The amount rests on the contract, the records, and the bond’s terms.
- Unpaid contract balances for completed work.
- Agreed change orders and extra work, when the written contract and records support them.
- Materials and equipment furnished to the project and not paid for.
- Interest, when a written contract sets the rate. Florida’s judgment interest rate is set quarterly under § 55.03, and that statute does not change a rate set by written contract.
- Attorney fees, when the contract has a fee clause. Under § 57.105, a fee clause can let the court allow fees to the party that prevails, but this applies only to any contract entered into on or after October 1, 1988.
Your records do the heavy lifting. Keep contracts, purchase orders, delivery tickets, daily logs, payment applications, invoices, and written correspondence in one file.
When does the deadline start for a payment bond claim?
The deadline for a payment bond suit usually runs from your last furnishing of labor, services, or materials. In some cases, the contractor’s last furnishing counts instead, if the contractor is the principal on a bond on the same project. If the contractor is also the principal on a bond on the same construction project, the time can instead run from the contractor’s own last furnishing of labor, services, or materials, whichever date is later.
A cause of action accrues when its last element occurs, under § 95.031. Write down the last date you furnished anything to the project.
Under Fla. Stat. § 95.051, the running of time under any statute of limitations, except ss. 95.281, 95.35, and 95.36, is tolled by the events the statute lists, such as the absence from the state of the person to be sued, but absence, false-name, and concealment tolling do not apply if service of process or service by publication can be made in a manner sufficient to confer jurisdiction. Pending arbitration of a dispute that is the subject of the action tolls the period, and a payment of part of the principal or interest on a written obligation also tolls it, under § 95.051. A contract clause that sets a shorter time to sue is void, under § 95.03.
Other construction claims follow a different clock under § 95.11. Don’t mix the two clocks.
What are the steps in a payment bond claim?
A claim moves from records to written demand, then to negotiation, and then to suit if the bill stays unpaid.
- Gather the file. Pull the contract, bond information, invoices, payment history, and correspondence.
- Map the dates. Note your first and last work, your last delivery, and any termination.
- Confirm the bond. Identify the surety and confirm the bond covers this project.
- Respond and negotiate. Answer the surety’s document requests and push for written payment terms.
Timelines vary with the project’s paperwork, how the surety responds, and whether the claim is contested.
What mistakes can weaken a payment bond claim?
The biggest mistake is letting a deadline pass while waiting for the contractor to pay.
- Counting from the wrong date.
- Section 768.79 governs offers of judgment and attorney’s fees. Under Section 768.79, under subsection (8)(a), if a party is entitled to costs and fees pursuant to the provisions of this section, the court may, in its discretion, determine that an offer was not made in good faith, and in that case the court may disallow an award of costs and attorney’s fees.
- Relying on texts or emails alone. Send formal written notice and keep proof of delivery.
- Trusting a contract that shortens the time to sue. Under § 95.03, that clause is void.
- Losing the records. Without proof of delivery and supporting documents, the amount claimed is hard to prove.
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.
Why work with Ayala Law PA on a payment bond claim?
Ayala Law PA focuses on business litigation, including construction litigation involving contractor and subcontractor disputes, lien foreclosure, and construction contract disputes in Florida courts and arbitration. Eduardo A. Maura is the lawyer responsible for this page. The firm’s support staff handle office and document work under his direction.
The firm’s only office is at 1646 W Snow Ave in Tampa. The firm serves clients in Tampa, Hillsborough County, Brandon, Riverview, Plant City, Temple Terrace, and the Tampa Bay area.
On a bond claim, the work usually includes:
- Reviewing the contract, bond, and payment records.
- Setting the notice and deadline dates.
- Drafting and serving demands.
- Handling negotiation, arbitration, and suit.
Every project turns on its own facts, and no outcome can be promised.
Frequently asked questions
Does every private Florida project have a payment bond?
Whether a bond exists depends on the contract and project paperwork, so check those first.
Can I pursue the contractor as well as the surety?
The bond is one route. The contract may support a claim against the contractor, too.
How long do I have to sue?
In general, the time to bring a payment bond claim runs from the last furnishing of labor, services, or materials. Fix that date from your records now.
Can I recover attorney fees?
A contract fee clause can allow fees to the winning party under § 57.105. Fees for a case evaluation are discussed directly with the firm, and Florida Bar Rule 4-1.5 requires that, when the lawyer has not regularly represented the client, the basis or rate of the fee and costs be communicated to the client, preferably in writing.
What if the contractor says the work was defective?
Actions founded on the design, planning, or construction of an improvement to real property must be commenced within four years under § 95.11, with the time running from the earliest of the temporary certificate of occupancy, certificate of occupancy, certificate of completion, or abandonment of construction if not completed. For a latent defect, the time runs from when the defect is discovered or should have been discovered with the exercise of due diligence, and in any event the action must be commenced within 7 years after that earliest date. Hidden defects are measured from discovery, and the statute sets a seven-year outer limit. Document defects early.
If a payment is overdue on your private Florida job, reach out to Ayala Law PA through the contact page or call (305) 570-2208 so the notice and deadline dates can be reviewed before they run.
