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What should I Do?

I haven't been paid on a job in Florida. I never filed a notice of commencement. I haven't worked on the job in 12 months. The general contractor holds a Payment and Performance Bond. Can I still file a bond claim on the payment and performance bond?

1 reply

Feb 17, 2021

Unfortunately, in Florida to perfect a proper lien or bond claim, you need to serve a notice to owner/contractor if you are not in privity of contract and then record a lien or send the notice of non-payment within 90 days of your final furnishing of labor, services and materials. You may still have a breach of contract, quantum meruit or unjust enrichment claim depending on the circumstances of the project.

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