Hello! I am a subcontractor on a job in Florida for storm clean up work. We provided equipment and staffing for cleaning up roads and other public spaces. We have not been paid by the subcontractor that hired us. The prime says they can only help with holding retainage as long as they are paid in full by the town. The project took place in October. We were there until October 15th. I am curious how the notices and liens on surety bonds are effected by the time that has past. Originally we were under the impression that we have 90 days from last day of work to file against the surety bond with Liberty Mutual. Now we are told that we had to file a notice to lien within 45 days of the end of work. Further to add to our issues, the sub that hired us apparently has a history of non-payment to the contractors they hire and has opened and closed no less than 10 entities over the last few years. What is the rule and what are our options? As always, Thank you for your advice.
Since you are apparently a second-tier sub, you needed to serve a notice to contractor within 45 days of FIRST FURNISHING, not the end, in order to preserve your bond rights. If you did that, you then have 90 days from final furnishing to perfect your claim against the payment bond. If October 15 was your last day on the job, the 90th day is TODAY. You may want to submit a payment bond claim even if you did not send the preliminary notice just to see what happens. If the GC is holding retainage on your customer, maybe they will pay you out of that retainage. It's worth a shot.