Unpaid as a Subcontractor? Get a Clear Plan to Recover What You're Owed

If a general contractor or owner hasn’t paid you for work or materials on a Florida project, you have options. Some deadlines start early, though. This page explains the payment routes, the dates, and the contract terms that most often shape a claim. Eduardo A. Maura is the responsible lawyer for this page.

What a subcontractor or supplier payment claim covers

A payment claim is a demand for money still owed for labor, materials, or equipment used on a construction project.

Who may have one:

• Subcontractors, who performed part of the work under a contract with a general contractor.
• Sub-subcontractors, who work under a subcontractor.
• Material suppliers, who delivered goods to the project.
• Laborers and equipment providers.

Who the claim is usually made against:

• The general contractor, under your contract.
• The property owner, through a construction lien recorded against the property.
• The surety on a payment bond, which is the company that backs the bond.

Public and private projects follow different routes. Public works generally rely on payment bonds, while private projects often involve property liens.

Start your records early. Keep the contract, change orders, invoices, delivery tickets, daily logs, and written payment messages. These papers usually show the amount owed and when it came due.

Is it illegal to not pay a contractor in Florida?

Usually, not paying a bill is a civil dispute. The party that owes money has broken a contract, and the other side can pursue that money.

Some situations go further. When project money is kept or used for something else, the questions can reach beyond an unpaid bill. Whether a case falls into one group or the other turns on the facts, including how the money was received and used.

Most payment problems are handled through a lien, a bond claim, or a contract claim. That’s true even when nobody meant to avoid paying.

To judge your options, write a timeline. List who promised what, what was paid, and what is still due, in date order. A clear timeline makes a review faster and more useful.

Do I need a license to subcontract work in Florida?

Confirm two things: that the party holds a license, and that the license covers the work actually done.

Licensing questions often surface only after a payment dispute begins, when the other side raises them. Raise the issue early so it doesn’t catch you off guard. Keep copies of licenses in your project file.

Whether a licensing problem changes your right to collect is a question for a lawyer who reviews your contract and work records.

How a payment claim moves from unpaid invoice to resolution

A payment claim usually starts with your records, then a written demand, then the notices and remedy that fit your facts.

1. Gather records. Pull the contract, change orders, invoices, any lien waivers you signed, delivery records, and payment messages.
2. Send a written demand. State the amount owed, the work or materials, and the due date.
3. Check notice and lien deadlines. These run from specific events and can be short, so calendar them as soon as you know the dates.
4. Choose the remedy that fits. That may be a bond claim on a public project, a lawsuit to foreclose a lien, a breach of contract claim, or arbitration if the contract requires it.
5. Resolve the claim. Many claims settle through negotiation or mediation. Others end in a judgment, and timelines vary with the court calendar and how the other side responds.

Some deadlines come from statute. Under Section 95.11 of the Florida Statutes, an action to enforce a claim against a payment bond on which the principal is a contractor, subcontractor, or sub-subcontractor (as defined in s. 713.01), for private or public work, is generally subject to a one-year deadline, except for actions governed by s. 255.05(10), s. 337.18(1), or s. 713.23(1)(e). That one-year period runs from the last furnishing of labor, services, or materials, or, if the contractor is the principal on a bond on the same construction project, from the contractor’s last furnishing, whichever is later. Some public-works and lien actions follow other rules, so check early.

Contract terms that change your payment rights

Your contract’s terms can change when payment is due and where a dispute is heard. Read them before a dispute starts.

• Pay-when-paid and pay-if-paid clauses tie your payment to the owner paying the contractor. These clauses can delay payment or shift the risk of nonpayment onto you.
• Retainage, payment schedules, and notice periods do not set when the deadline for a construction claim starts. Section 95.11(3)(b), Florida Statutes, covers actions founded on the design, planning, or construction of an improvement to real property. The time runs from the earliest of these dates: the date a temporary certificate of occupancy, certificate of occupancy, or certificate of completion issues, or the date construction is abandoned if not completed. When the action involves a latent defect, the time runs from when the defect is discovered or should have been discovered with due diligence. That subsection addresses construction-defect actions and is not the provision for payment bond claims. Fla. Stat. § 95.11 reads: “(b) An action founded on the design, planning, or construction of an improvement to real property, with the time running 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, 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.” In any event, the action must be commenced within 7 years after that date.
• Read the wording before you sign any payment form.
• Change orders matter. Unpriced or unapproved extra work is a common source of disputed balances, so get changes in writing before the work starts.
• Shortened deadlines are not enforced. A contract clause that sets a shorter time to sue than the statute allows is void under Fla. Stat. § 95.03.
• Arbitration clauses are generally enforceable. Under Fla. Stat. § 682.02, a written agreement to arbitrate is valid and enforceable.
• Attorney fees usually follow the rule that each side pays its own. As Price v. Tyler explains, that holds unless a contract or statute provides otherwise. Under Fla. Stat. § 57.105, a fee clause in a contract can let a court award fees to the party that prevails.

Where we serve and why businesses work with Ayala Law PA

Ayala Law PA focuses its practice on business and commercial litigation, including construction litigation for contractors and subcontractors.

• Construction litigation covers contractor and subcontractor disputes, lien foreclosure, and construction contract fraud.
• Related practice areas include contract disputes, commercial litigation, real estate litigation, and international trade litigation, in Florida courts and arbitration.
• Responsible lawyer for this page: Eduardo A. Maura. Our support staff assist with intake and administration.
• Office location: The firm’s only office is at 1646 W Snow Ave, Tampa. Businesses in Tampa, Hillsborough County, Brandon, Riverview, Plant City, Temple Terrace, and the wider Tampa Bay area are served from the firm’s Tampa office.

If another lawyer or firm may be better suited to your matter, we will say so and explain why. No outcome is promised. Each claim turns on its own documents, deadlines, and contract terms.

Frequently asked questions

Talk through your unpaid balance with our team

If an unpaid invoice has you stuck, our team can help you review your records and options. You may be waiting on a general contractor after finishing a job. You may have just received a lien notice on a property you own. Either way, the calendar may already be running.

Before a case evaluation, gather the contract, invoices, payment history, any lien or bond papers, and a timeline of key dates. Call (305) 570-2208 or send a case evaluation request. Fee terms are explained before any engagement.