Not Paid for Your Contractor Work? Start With These Steps

Wondering what to do if you are not paid as a contractor in Florida? Start by gathering your records, checking your lien and filing deadlines, and sending a clear written demand. Then compare your legal paths based on your contract and the facts. This page walks through those steps in order. It is general information, not legal advice. Eduardo A. Maura is the lawyer responsible for this page, which serves businesses in the Tampa Bay area from the firm’s office in Tampa, Florida.

Start by Gathering Your Paperwork

Gather every record that shows the work, the agreed price, and the balance you’re owed. Start with the signed contract. Add change orders, purchase orders, and invoices. Delivery tickets, daily logs, photos, and inspection reports show what was done and when. Write down each payment you received, with dates and amounts. A dated payment history makes every later step easier, whether you send a demand letter, file a lien, or sue. Keep the originals in one folder, both paper and digital. Gaps in the paper trail are hard to fill in later. Also note the other party’s exact legal name, entity type, and address as the contract lists them. Notices and court papers must go to the right name. If your project requires a contractor affidavit before final payment, our separate explainer covers that requirement in more detail.

Check Your Construction Lien Rights and Deadlines

Construction lien questions often involve technical steps, so the details of each project matter. Each step has its own timing. Those timelines are short and strict, and missing one can cost you that remedy. Check the dates early, not after a dispute has dragged on. Every construction dispute turns on its own facts and documents. It matters whether you worked directly for the owner or as a subcontractor. It also matters whether a notice of commencement was recorded on the project.

Some construction claims follow a different clock. For actions founded on the design or construction of an improvement to real property, Florida’s limitations statute runs from the earliest of the temporary certificate of occupancy, certificate of occupancy, certificate of completion, or abandonment date, except that when the action involves a latent defect, the time runs from the time the defect is discovered or should have been discovered with the exercise of due diligence. Under the current text, an action founded on the design, planning, or construction of an improvement to real property must be commenced WITHIN FOUR YEARS from the date the authority having jurisdiction issues a temporary certificate of occupancy, a certificate of occupancy, or a certificate of completion, or the date of abandonment of construction if not completed, whichever date is earliest, except that for a latent defect the time runs from when the defect is discovered or should have been discovered with the exercise of due diligence; in any event, the action must be commenced within 7 years after that date (Fla. Stat. § 95.11). Mark the key project dates now.

Send a Written Demand and Preserve Your Position

A written demand creates a clear record. Put the amount owed, the work done, the contract terms, and a response deadline in one letter. Send it in a way you can prove, such as certified mail with a return receipt, and by email too. Send it to the address the contract lists, and keep proof that it arrived. Keep copies of everything you send and receive. Avoid casual statements that admit a dispute over quality or scope, unless your records back them up. A calm, factual letter reads better later than an angry text message. Review the contract’s suspension and notice terms before you pause work. Continuing without a written plan can complicate your claim. A demand letter is often the first formal step in what to do if you are not paid as a contractor.

Read the Contract’s Payment and Dispute Terms

The contract decides when money is due and where a dispute goes. Look for the payment schedule. Check for retainage, which is money held back until the job ends. Also check for pay-when-paid language, which ties your payment to the owner paying the general contractor. These terms can change when money becomes due. Next, look for notice-and-cure provisions. Many contracts require written notice and a set time to fix a problem before you can suspend work or end the contract. Look for a dispute clause too. Florida law treats a written agreement to arbitrate as valid and enforceable, unless a ground exists to revoke any contract (Fla. Stat. § 682.02). An arbitration clause can control where your claim is heard. Check the attorney fee clause as well. Florida generally makes each side pay its own lawyer unless a contract or statute says otherwise (Price v. Tyler). If the contract lets the party who must enforce it recover fees, a court may award reasonable fees to the side that prevails (Fla. Stat. § 57.105).

Choose the Right Path: Lawsuit, Small Claims, or Arbitration

The right path depends on the facts: the amount owed, your contract, whether a lien applies, and whether the other side can pay. The main paths include a breach of contract claim, enforcing a construction lien, arbitration if the contract requires it, and unjust enrichment in limited cases. Unjust enrichment is hard to use when a written contract covers the same work. Florida appellate courts have held that where an express contract covers the same subject matter, claims from that relationship do not support unjust enrichment (Williams v. Johnson). Venue matters too. Under the venue statute, actions must be brought in the county where the defendant resides, where the cause of action accrued, or where the property is located. There is an exception for actions against nonresidents (Fla. Stat. § 47.011). No outcome can be promised on any path. Each case turns on its own documents.

Recognize Situations That Need Closer Review

Some situations need a closer look before you act. Watch for repeated excuses for nonpayment, requests for more work before old bills are paid, and changes in the owner’s entity or ownership. Also watch for defect claims raised for the first time with no written notice. If an owner made promises to get you to start work, the facts may support a fraud claim. Florida law does not require proof of justifiable reliance for fraudulent misrepresentation. Justifiable reliance is not a necessary element of fraudulent misrepresentation (Butler v. Yusem). A promise of future action can also be fraud when the person making it had no intention of performing (Frutafino v. Dole Chile). Those claims need a separate factual review. A sale, refinancing, or foreclosure can change lien priority and collection options, so timing matters. A judgment can become a lien on real property once a certified copy is recorded in that county, with the creditor’s address included (Fla. Stat. § 55.10). Fla. Stat. § 55.10 reads: “A judgment, order, or decree does not become a lien on real property unless the address of the person who has a lien as a result of such judgment, order, or decree is contained in the judgment, order, or decree or an affidavit with such address is simultaneously recorded with the judgment, order, or decree.” Fla. Stat. § 55.10 reads: “(1) A judgment, order, or decree becomes a lien on real property in any county when a certified copy of it is recorded in the official records or judgment lien record of the county, whichever is maintained at the time of recordation, provided that the judgment, order, or decree contains the address of the person who has a lien as a result of such judgment, order, or decree or a separate affidavit is recorded simultaneously with the judgment, order, or decree stating the address of the person who has a lien as a result of such judgment, order, or decree.”

Talk Through Your Situation With Ayala Law PA

Ayala Law PA focuses on business litigation, including contract and construction disputes. The firm also handles commercial litigation, shareholder and partnership disputes, real estate litigation, and international trade litigation in Florida courts and arbitration. The firm’s office is at 1646 W Snow Ave in Tampa. It serves businesses in Tampa, Hillsborough County, and the Tampa Bay area, including Brandon, Riverview, Plant City, and Temple Terrace. Our case evaluations are not offered at no charge, and this page does not quote a price.

If you are an unpaid contractor, or you are helping one, and you’re weighing what comes next, reach out to Ayala Law PA through our contact page to book a case evaluation, or call (305) 570-2208.