I'm a subcontractor on a commercial project in FL. This is a Davis Bacon Act of 1931 project / contract. I missed filing a preliminary notice before the 45 day deadline, but I thought I would be guaranteed payment because it's a Davis Bacon Act job. What recourse do I have if they continue to not pay me?
Davis Bacon has nothing to do with lien or bond rights. It has to do with the labor rates that government contractors are required to pay on certain government projects. If you missed the window to preserve your (presumably bond rights), you always have recourse against your customer for breach of contract. However, the timing of your payment may be delayed if your subcontract contains a "pay-when-paid" clause which basically means the contractor does not owe the money to its subcontractor until the owner pays the contractor for that work.