I am a subcontractor working for a GC on a project in Florida. How do I find out if the project has a performance and payment bond and get a copy of the bonds
1 reply
Mar 28, 2022
A claimant may apply to the governmental entity having charge of the work for copies of the contract and bond and shall thereupon be furnished with a copy of the contract and the recorded bond. The claimant shall have a cause of action against the contractor and surety for the amount due him or her, including unpaid finance charges due under the claimant’s contract. Such action may not involve the public authority in any expense.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0255/Sections/0255.05.html
The owner, contractor, or surety shall furnish a true copy of the bond at the cost of reproduction to any lienor demanding it. Any person who fails or refuses to furnish the copy without justifiable cause shall be liable to the lienor demanding the copy for any damages caused by the refusal or failure.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0713/Sections/0713.23.html
Finally, if it is a private project (not public), you may review the public records in the County where the work is located to locate the notice of commencement, which should have the bond attached to it. Sometimes public bonds are recorded, too, but those may be harder to locate.