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How do I file a bond claim on a private subcontractor labor and material bond in FL?

FloridaBond ClaimsChange OrdersPayment Bond

I was a subcontractor for a project under a GC who was under a 'Master GC / CM'. The GC for whom we worked did a horrible job. They were kicked off of the job. We requested to be released prior to that GC being fired by the Master GC / CM and were supposed to come to terms on our final payment. We're extended several hundred thousand just to get back what we spent prior to our exit. The Master GC / CM sent me a copy of the GC's bond and told me to make a claim against it.

3 replies

Jun 28, 2022
You are required to deliver by certified mail, return receipt, a Notice of Nonpayment to the surety and the GC on the bond (who should be shown on the bond as the "principal") within 90 days of completing your work, not including punchout or trivial work. The notice of nonpayment is a statutory form, but I strongly suggest that you work with a lawyer to get this done correctly. Failure to timely deliver the document will result in a loss of your right to payment from the bonding company.
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Jun 29, 2022

For a claim of several hundred thousand dollars, it is well worth it to hire a construction attorney who can prepare your claim, follow-up on it and make sure you get paid timely. There is a deadline to file a claim against the bond which is likely 90 days from your last work but may be different depending on the type of bond involved. In addition, surety companies will often drag their feet and ask for more and more documentation which delays your getting paid. An experienced construction attorney can keep the surety honest and keep up the pressure to get you paid sooner rather than later. As they say, the squeeky wheel gets the grease.

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Jul 11, 2022
Do it quickly. You have 90 days after final furnishing to make a claim. You should contact a construction lawyer immediately.
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