Who This Page Is For and What a Subcontractor Payment Dispute Involves
A subcontractor payment dispute starts when a subcontractor, supplier, or sub-subcontractor finishes work or delivers materials and is not paid. The money is usually owed by a general contractor, but an owner or another party higher up the project can also owe it.
This page is for subcontractors, suppliers, and sub-subcontractors on private and public projects who are deciding whether to sue, file a lien, or push for a negotiated payment. Each path has its own rules, so the right choice depends on the contract and the project’s history.
An unpaid balance can lead to three kinds of claims. You may have a contract claim against the party that owes you, a construction lien against the property, or a payment bond claim against the surety on a bonded job. Many businesses pursue more than one.
Ayala Law PA handles these disputes as a subcontractor payment dispute attorney in Florida, including matters in Tampa, Brandon, Riverview, Plant City, Temple Terrace, and across Hillsborough County. Clients in those areas are served from the firm’s only office, which is in Tampa. Bring your project file with you when you reach out.
If you finished the work and still hold unpaid invoices, call (305) 570-2208 or request a case evaluation so we can review your file with you. 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 the Contract Claim Covers: Payment Terms, Pay-When-Paid, Change Orders, and Retainage
A contract claim is a lawsuit against the party that agreed to pay you. It starts with your paperwork. Your signed subcontract, purchase order, and change orders show what was promised and how payment works.
A contract claim can cover more than the base price. Depending on your records, it may include:
- Unpaid change orders and extra work the project required
- Back charges the other side took against your invoices
- Retainage, the part of each payment held back until the job ends
Many subcontracts include a pay-when-paid or pay-if-paid clause. In plain terms, these clauses tie your payment to the general contractor getting paid, often by the owner. The exact wording controls how the clause works, and wording varies from contract to contract.
Expect the general contractor to raise defenses. Common ones include claims that the work was deficient, that the contractor is owed an offset, or that the scope was disputed. Daily logs, signed change requests, delivery tickets, and written messages often answer those points.
No one can predict how a specific dispute will turn out from general information. The contract language and the facts decide the analysis.
Liens and Payment Bonds: Different Defendants, Different Deadlines
A construction lien and a payment bond claim go after different targets, so they are not interchangeable.
Florida’s Construction Lien Law, Chapter 713 of the Florida Statutes, covers notices to the owner, claims of lien, lien deadlines, and lien foreclosure. Who owns the project can matter in a construction dispute.
A payment bond works differently. On a bonded project, a surety company issues the bond.
The three routes run on separate clocks. A contract claim, a lien, and a bond claim each have their own notice and filing steps. A deadline on one route does not wait for the others. A lien foreclosure action still depends on the unpaid debt underneath it, so your contract and invoices matter on every route.
Choosing a route starts with a review of ownership, bonding, and notice history on your project.
Deadlines and Documentation That Protect a Payment Claim
Check your deadlines early. A missed notice or filing date can end a claim before its merits are heard.
Florida law sets filing deadlines for construction-related claims, and the applicable deadline depends on the type of claim and the facts of each matter, so timing should be reviewed early. Public project bonds can follow different rules, so confirm which one applies.
Don’t assume a lawsuit deadline also protects your lien.
A contract cannot shorten the time to sue. Under Fla. Stat. § 95.03, a contract term that sets a shorter period than the statute allows is void. Under Fla. Stat. § 95.051, the limitations period is tolled while an arbitration about the same dispute is pending.
Gather these records before your first meeting: the signed contract or purchase order, change order requests, delivery tickets, daily logs, pay applications, invoices, any lien waivers you signed, and written correspondence. A dated account of what is unpaid, backed by these records, is usually the starting point for a demand or filing.
How a Subcontractor Payment Matter Typically Proceeds
A matter usually moves through five stages. The order and timing depend on the claim and on how the other side responds.
- Intake and file review. The firm reviews the contract, invoices, notices, and project ownership and bonding records.
- Deadline analysis. The firm identifies which notices or filings must go out right away.
- Demand and negotiation. A written demand goes to the general contractor, owner, or surety, and talks may follow.
- Lien, bond, or lawsuit. If a lien or bond claim is available and timely, it may be filed. If the contract requires arbitration, an arbitration demand may follow.
- Discovery, mediation, and resolution. Florida courts can refer many civil damages cases to mediation on request, subject to exceptions under Fla. Stat. § 44.102.
Suit generally must be filed in the county where the defendant lives, where the claim arose, or where the disputed property sits, under Fla. Stat. § 47.011. The statute does not apply to nonresident defendants, so the facts matter. If your contract has an arbitration clause, Fla. Stat. § 682.02 makes that agreement valid and enforceable, with limited exceptions. Under Fla. Stat. § 682.03, a court may not refuse to order arbitration because the claim lacks merit.
Timelines vary with the court, the complexity of the claim, and whether the other side contests it. No one can predict them in advance. The firm explains the likely path after reviewing your file.
Why Ayala Law PA for Unpaid Subcontractor Claims
Ayala Law PA focuses its practice on business litigation, including construction litigation, contract disputes, and real estate litigation in Florida courts and arbitration.
Eduardo A. Maura is the lawyer responsible for this page. The firm’s assistants and office staff help organize project records, track correspondence, and keep scheduling on track. The firm’s only office is at 1646 W Snow Ave in Tampa.
The firm reviews your documents first, then explains your options in plain language. If a matter may be referred to another lawyer or firm, the firm will tell you so.
Contact Ayala Law PA to request a case evaluation. Fee terms and any costs you may owe are set out in writing before work begins. To request a case evaluation, visit the contact page.
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.
Frequently Asked Questions About Unpaid Subcontractor Claims
Short answers to the questions unpaid subcontractors ask most often.
How do I file a complaint against a contractor in Florida?
Where a payment dispute is heard can depend on the terms of the parties’ contract. A licensing complaint is a separate process.
What is it called when a lawyer doesn’t get paid until you do?
That arrangement is usually called a contingency fee, where the fee depends on the recovery. Florida requires a written closing statement at the end of a contingent fee matter, under R. Regulating Fla. Bar 4-1.5.
How much does it cost to sue a contractor?
Costs depend on the claim, filing and service fees, and how long the dispute lasts. The firm explains expected costs in writing before work begins.
What is an attorney charging lien in Florida?
It is a claim a lawyer may hold on money recovered, if the fee agreement provides for one. Review that term before you sign.
If you finished the work, hold unpaid invoices, and face a notice or lien deadline, call (305) 570-2208 to talk through your file.
