{"id":1124,"date":"2026-10-16T05:53:23","date_gmt":"2026-10-16T05:53:23","guid":{"rendered":"https:\/\/www.lawayala.com\/resources\/resources-construction-disputes-florida-business-owners-guide\/construction-payment-bond-claims-florida\/"},"modified":"2026-11-04T01:33:24","modified_gmt":"2026-11-04T01:33:24","slug":"construction-payment-bond-claims-florida","status":"publish","type":"page","link":"https:\/\/www.lawayala.com\/resources\/resources-construction-disputes-florida-business-owners-guide\/construction-payment-bond-claims-florida\/","title":{"rendered":"Payment Bond Claim Florida Construction: Key Steps"},"content":{"rendered":"\n
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Construction Litigation | Tampa and Hillsborough County<\/p>

Payment Bond Claims on Florida Construction Projects<\/h1>

Ayala Law PA helps subcontractors, suppliers, and contractors pursue unpaid work on bonded projects.<\/p>

Call (305) 570-2208 or request a case evaluation<\/a><\/div>
Call (305) 570-2208 or request a case evaluation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n\n\n
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Payment Bond Claims on Florida Construction Projects<\/h2>\n

A payment bond claim lets an unpaid subcontractor, sub-subcontractor, or supplier seek payment under a bond that a surety issued on a construction project. For many claims, Florida law generally requires suit within one year, though exceptions exist. This page explains who may qualify, which deadlines to check, and how a claim moves from demand to lawsuit.<\/p>\n\n

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Not sure what your next step is?<\/h3>

Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.<\/p>

Schedule a consultation<\/a><\/div>
Schedule a consultation<\/a><\/div><\/div>\n<\/div>\n

What a Florida Payment Bond Is and Who It Protects<\/h2>\n

A payment bond is a promise from a surety that the prime contractor will pay the people who worked on or supplied the project. Three parties usually appear on the bond. The owner is the obligee, the contractor is the principal who promises to pay, and the surety is the company that backs that promise.<\/p>\n

Unpaid parties often include subcontractors, sub-subcontractors, and suppliers who furnished labor, services, or materials. The bond terms control who may make a claim, so read the actual form instead of relying on a summary.<\/p>\n

A payment bond is different from a performance bond. A performance bond focuses on whether the contractor finishes the work. A payment bond focuses on whether the people who worked on the job get paid. Both may appear on the same project.<\/p>\n

Florida law also requires some promises to pay another person’s debt to be in writing. Under \u00a7 725.01<\/a>, no action may be brought on that kind of promise unless it is in writing and signed by the party to be charged. The signed bond form matters for that reason.<\/p>\n

Private and Public Projects Follow Different Bond Rules<\/h2>\n

Public projects follow other statutes, including s. 255.05(10), which the one-year rule names as an exception.<\/p>\n

Procedures and deadlines differ between these systems. Confirm the current statute for your specific project before you act. Don’t assume a rule from one type of project applies to the other.<\/p>\n

The contract, the bond, and the project records shape which rights you have. Gather them early, before you send any demand. A contractor’s license status can also matter. The Florida Department of Business and Professional Regulation’s Construction Industry Licensing Board<\/a> publishes license information you can check early.<\/p>\n

What a Payment Bond Claim Can Recover, Including Attorneys Fees<\/h2>\n

A payment bond claim generally seeks unpaid amounts for labor, services, or materials furnished to the project. You’ll need records that show what you provided and what you’re owed, such as invoices, delivery tickets, and the contract price. The bond amount and its terms limit what the surety pays, so check them before assuming the full balance is recoverable.<\/p>\n

Interest may also matter. Florida sets the judgment interest rate each quarter under \u00a7 55.03<\/a>. Where interest accrues without a special contract rate, the statutory rate applies under \u00a7 687.01<\/a>.<\/p>\n

Attorneys fees are not automatic. Under \u00a7 57.105<\/a>, if a contract allows fees to a party forced to enforce it, the court may allow reasonable fees to the other side when that party prevails. That applies to contracts entered into on or after October 1, 1988. Fee rights depend on the contract language and the facts, not on the claim alone.<\/p>\n

Notice and Deadlines That Preserve a Bond Claim<\/h2>\n

Under \u00a7 95.11<\/a>, an action on a payment bond where the principal is a contractor, subcontractor, or sub-subcontractor must be brought within one year. That rule covers private work as well as public work.<\/p>\n

The period runs from the last furnishing of labor, services, or materials. If the contractor is the principal on a bond for the same project, the period can run from the contractor’s last furnishing instead, whichever date is later.<\/p>\n

The one-year rule does not apply to actions governed by s. 255.05(10), s. 337.18(1), or s. 713.23(1)(e). Those provisions follow their own rules, so check them for your project. Contract terms cannot shorten the period. Under \u00a7 95.03<\/a>, a contract clause that sets a shorter time to sue than the statute allows is void.<\/p>\n

Don’t rely on a deadline from another state or another project type. Keep these dates in writing:<\/p>\n