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Bond Claim Lien Public Project Florida

Worked on a public project as a sub of a sub that the GC hired, My job was to do installation but I ended up having to provide some materials along with some additional labor that was caused by their material supplier (sub who hired me). Was told to perform the work and send a bill which I did. The sub who hired me said that their material supplier would pay me but they are not paying and giving me the run around. This is a public project that did start over 45 days ago, The invoice is dated for the end of June. I did not file a notice to the GC however the GC does know I was on the property. Work has been completed at this point do now know what recourse I have.

1 reply

Aug 8, 2018

I'm sorry to hear you've gone unpaid. First, on public projects, mechanics liens against the project property will not be an available option. Rather, a bond claim is the appropriate remedy to secure payment - and the prime contractor is required to post a payment bond for the protection of subs, suppliers, and other down the chain parties. As you may have hinted at above, parties who do not have a direct contract with the prime contractor are required to send preliminary notice to preserve the right to make a bond claim. Note that, much like on Florida private projects, laborers (that is - parties who provide wage labor and no materials) are not required to send preliminary notice. Anyway, this notice must be sent either before performing work or within 45 days from the claimant's first furnishing labor or materials. If notice was required but not sent during this time, a later-filed bond claim will likely be rendered invalid. If a Florida bond claim may still be filed, it must be received more than 45 days after the claimant’s first furnishing of labor and/or materials to the project, but within 90 days after the claimant’s last furnishing of labor and/or materials to the project (and you can learn more about that process here: How To Make A Florida Payment Bond Claim). If filing a bond claim is no longer an option (due to missed notice requirements or deadlines), that does not necessarily mean that payment cannot be recovered. There are other methods of recovery available, including (but definitely not limited) to the options that follow. For one, a Notice of Intent to Make Bond Claim could be effective. This document acts a lot like a Notice of Intent to Lien (but for public projects) - it informs the recipient that if payment isn't made, a bond claim will be filed. This is not a required document, and it can be sent regardless of whether an eventual bond claim is even a viable possibility. Another option might be to make a claim under the Florida prompt payment or retainage laws. Also, sending a demand letter to the nonpaying party that threatens specific legal action (such as a potential lawsuit for breach of contract or under the prompt payment or retainage laws) can be very effective - especially when sent via an attorney. Finally, taking legal action - whether through traditional litigation or via an action in small claims court - is also an option. Traditional litigation can be costly and time-consuming, and small claims court can be a bit unpredictable, but both options can be effective.

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