I read everything but now I’m even more confused. I’m a contractor that was hired by another contractor so I’m the sub. Once I send invoice to contractor what’s the deadline for then to pay me.are they allowed to make me wait till they get paid?
1 reply
Feb 7, 2020
For private projects in Florida, payment to a subcontractor must generally be paid within the longer of 30 days after payment is due, or 30 days from receipt of invoice, provided the amounts due are not disputed. However, this requirement can be modified by contract, so an examination of the contract itself is required to see what terms control payment.
One of the ways the contract can modify those payment terms, is through a "pay if paid" or a "pay when pad" clause. Florida allows for such clauses to be included in contracts and be enforceable, provided that they are clear and unambiguous.
So, the timing of payment is generally set forth by the contract between the parties themselves. Note, however, that the general requirements and timelines with respect to lien protection are not modified by contract, and must be met in order to retain potential lien protection.