Board-Certified In Construction Law By The Florida Bar

Notice of Nonpayment

Note: the following Notice of Non Payment form is provided free of charge as a form in compliance with Chapters 713 and 255 Florida Statutes for use in making a claim against a construction payment bond. You should be prepared to fill in all areas [in brackets, bolded and italicized]. While these forms may appear straightforward, the Florida Construction Lien Law and Florida payment bond laws have many requirements that must be strictly complied with to preserve your claims, and to avoid being held liable for another party’s attorneys fees and other damages for bringing a claim that does not strictly comply with the Florida Construction Lien Law and Florida payment bond laws. Use of this form is at your own risk, and experienced construction attorneys should be consulted regarding the use of this form and your rights under any applicable bond.

NOTICE OF NONPAYMENT

DATE: [DATE] [BOND NUMBER IF KNOWN]

TO: [CONTRACTOR]

 

[SURETY]

[YOUR CUSTOMER IF DIFFERENT FROM CONTRACTOR]

 

The undersigned notifies you that it has furnished labor, services, and/or materials consisting of [IMPROVEMENTS FURNISHED] to:

[PROJECT NAME AND PROPERTY DESCRIPTION]

under an order given by: [YOUR CUSTOMER NAME AND ADDRESS].

The amount now due and unpaid is $[AMOUNT DUE] of which $[AMOUNT DUE THAT IS RETAINAGE] is for retainage.

Request for immediate payment and a copy of the bond is hereby made. The undersigned acknowledges responsibility for the reasonable costs of reproduction of said bond.

[YOUR COMPANY NAME]

[YOUR COMPANY ADDRESS]

__________________________________

[NAME AND TITLE OF PERSON SIGNING]