Contractors and suppliers on Florida public projects may need to use a payment bond when they are not paid for labor or materials. Unlike private jobs, public projects do not use mechanics liens in the same way, so the bond is often the main path to recovery.
What notice must you provide before filing
Florida law treats claimants differently depending on whether they have a direct contract with the general contractor. Subcontractors with direct privity generally do not need preliminary notice. Suppliers and sub-subcontractors without direct contracts must usually serve a Notice to Contractor within 45 days of their first delivery of materials or labor.
The notice should identify the labor or materials provided, the name and address of the party giving notice and the person who ordered the work or materials. Including the amount claimed can help avoid confusion, even if it is not always required. Late notice may affect recovery depending on the circumstances and any loss caused by the delay.
How do you file the actual claim
After proper notice, you may file a bond claim if payment is still outstanding. Florida law generally requires the claim within 90 days after your last furnishing of labor or materials on the project. That deadline runs from your final delivery or work date, not the project’s completion date.
A claim should usually include the unpaid work, invoices and proof of required notice. In many cases, the claim is served on both the contractor and the surety that issued the bond.
What happens after you file
The surety may review the claim, ask for more documents or dispute the amount owed. If the matter is not resolved, a lawsuit may be needed within the time allowed by Florida law, so deadline review is critical.
Protecting your payment rights
Payment bond claims can protect workers and suppliers on Florida public projects, but strict deadlines matter. Reviewing the project documents early can help you choose the right next step and avoid missing a required deadline.