Unpaid for Subcontractor Work? Take Clear Steps on Your Payment Claim

If a contractor is not paying you for work or materials, you probably have more than one route, and each route has its own deadlines. This page covers the main questions behind a subcontractor payment claim lawyer Florida search: which routes are open, which deadlines can end a claim, and what contractors typically argue. Ayala Law PA handles construction payment disputes as part of its business litigation practice, and the sections below explain how that work usually unfolds.

What an Unpaid Subcontractor or Supplier Claim Covers

An unpaid subcontractor or supplier claim is a demand for money owed for work done or materials delivered on a construction project. The amount owed is often more than the last invoice. It can include retainage (money the owner or contractor holds back until the job is finished), approved change orders that were never paid, and materials delivered to the site but not paid for.

The claim can also cover back-charges, which are costs a contractor deducts from what it owes you.

First-tier subcontractors signed a contract directly with the general contractor. Lower-tier subcontractors and suppliers often worked under another sub or supplier, and they may have no contract with the property owner. That gap affects which routes are open.

A claim may be aimed at the general contractor, the property owner, or a payment bond surety, depending on the project and the timing. This page covers business and construction payment disputes in Florida courts and arbitration, not consumer debt.

Payment Routes Available to Unpaid Subs and Suppliers in Florida

Unpaid subcontractors and suppliers in Florida usually weigh a few routes: a written demand, a construction lien, a payment bond claim, and a lawsuit or arbitration.

• Written demand. A demand letter puts the amount, the work, and the due dates in writing. It often starts talks, but it does not always resolve the claim.
• Under Chapter 713, a construction lien has its own deadlines, including a notice to owner generally due within 45 days of first furnishing for lienors not in privity with the owner (§ 713.06), a claim of lien generally due within 90 days of final furnishing (§ 713.08(5)), and a one-year deadline to sue to enforce the lien (§ 713.22).
• Payment bond claim. Some projects have a payment bond, a promise from a surety company to cover certain unpaid subs and suppliers if the contractor does not pay. Whether your project has one depends on the project facts.
• Lawsuit or arbitration. Florida law makes arbitration agreements in a written record valid and enforceable, except on grounds that exist for revoking a contract, under § 682.02. If the other side refuses to arbitrate, a court decides that dispute under § 682.03.

The right route depends on your contract, the project, and the dates. Check each option against the facts first.

Deadlines That Can End a Claim

Deadlines can end a claim even when the money is clearly owed, so check them before you send anything.

§ 95.11 sets the lawsuit clock. Fla. Stat. § 95.11 sets time limits for actions other than for recovery of real property. Under Fla. Stat. § 95.11, the limitation for actions founded on the design, planning, or construction of an improvement to real property is mainly a construction-defect rule that generally runs from the earliest certificate of occupancy, certificate of completion, or abandonment of construction, while a subcontractor’s suit for nonpayment is usually a contract action with its own limitation period.

For a payment bond claim, suit generally must be brought within one year of the last furnishing of labor, services, or materials, and for private bonds, Fla. Stat. § 713.23 also requires prerequisites, including notice to the contractor and a notice of nonpayment within 90 days after final furnishing. If the contractor is the bond principal on the same project, its last furnishing counts instead when that is later.

Contract terms cannot cut that time short. Under § 95.03, a contract provision that sets a shorter period than the statute is void.

The clock can pause only for reasons listed in § 95.051, such as a pending arbitration or a partial payment on a written debt.

Start now by gathering the contract, invoices, delivery tickets, change orders, and payment emails. Confirm each date against the current statute for your project.

How Representation Works: Steps and Timeline

Representation usually moves through intake, demand, a lien or bond action, and then suit or arbitration, though the order depends on the facts.

1. Intake and document review. We review the contract, payment history, and notices to see which routes and deadlines may apply.
2. Demand and notice. We prepare required notices and a demand letter. Talks may follow, but a letter does not always settle the claim.
3. Lien or bond action. Where the project and dates allow, we record a claim of lien or pursue a payment bond claim.
4. Lawsuit or arbitration. Venue rules in § 47.011 allow suit where the defendant resides, where the claim arose, or where the property is located. If the contract requires arbitration, the dispute may go there instead. On one party’s request, a court must refer most damages cases to mediation under § 44.102, with some exceptions.
5. Resolution. The case may end in a settlement, a judgment, or a foreclosure. Timelines vary by court and case, and no particular result can be promised.

Offers carry a clock too. Under § 768.79, a demand for judgment not accepted within 30 days can lead to costs and attorney’s fees if the judgment is at least 25 percent greater.

Defenses Contractors Raise and How They Are Evaluated

Contractors usually answer a payment demand by blaming the owner, pointing to defective work, or disputing the amount.

• “The owner hasn’t paid.” Many subcontracts tie your payment to the owner paying the contractor, often called a pay-if-paid or pay-when-paid clause. How that clause works depends on its exact wording and the facts.
• Defective or incomplete work. A contractor may withhold money for documented defects. Photos, inspection reports, written notices, and dates matter. Without written records, quality disputes are hard to prove either way.
• Back-charges and set-offs. Ask for the invoice and backup for every deduction. Dispute charges you cannot verify, and put that dispute in writing.
• Disputed change orders. Signed change orders are usually easier to prove than verbal changes. Keep signed copies and emails approving extra work.

A quality dispute does not always have to hold up the whole payment. Raising the undisputed amount early can narrow the fight.

Why Work With Ayala Law PA on Subcontractor Payment Claims

Ayala Law PA focuses its practice on business litigation, including construction litigation involving contractor and subcontractor disputes, lien foreclosure, and construction contract fraud.

Eduardo A. Maura is the lawyer responsible for this page. Our team supports the practice’s day-to-day work from the firm’s only office, at 1646 W Snow Ave in Tampa.

We serve clients in Tampa, Hillsborough County, Brandon, Riverview, Plant City, Temple Terrace, and across the Tampa Bay area from the firm’s only office in Tampa.

Bring these items to a first conversation: the signed subcontract or purchase order, invoices, delivery tickets, notices already sent, payment records, and the project address and owner’s name.

Frequently Asked Questions