There is no bond involved. I want to send a notice to the customer that the GC has defaulted on payment but the language in the Notice of Nonpayment is clearly set up for bonded jobs.
1 reply
Feb 17, 2020
When a GC has fails to pay their subs, it makes all the sense in the world that the subs would want to notify the project owner to try and quickly resolve the dispute. Often, this would be done by a Notice of Intent to Lien or Notice of Intent to Make Bond Claim document to the property owner. But, if the project is public, then a lien wouldn't be appropriate. And, if a public project isn't bonded, then a Notice of Intent to Make Bond Claim might not carry all that much weight.
Still, sending some form of formal communication to the public project owner might help to push the dispute toward a resolution. And, since this wouldn't be some required, statutory document - a claimant could draw up whatever sort of document they deem appropriate which identifies the issue and asks for the owner's assistance. Though, it'd be wise to include specifics, such as invoice numbers and dates that are unpaid, documentation that the work was satisfactorily performed, citations to the contract, or other relevant information. Sending a demand letter along with that attached information may well do the trick.
Of course, if the project isn't public, proceeding with a Notice of Intent to Lien sent to both the owner and the contractor is a great way of informing everyone of the dispute and the potential fallout to follow. Nobody wants to deal with a mechanics lien on their construction project, and the potential for one is often strong enough to force payment.
If a lien claim or a bond claim isn't available, and if notifying the owner of the dispute (along with documentation) doesn't help to move the needle, then it might be time to consult with a local Florida construction attorney. They'll be able to review the situation, determine what recovery tools will be on the table, and then advise on how to proceed.