Florida Little Miller Act Payment Bond Claims
On Florida public projects, payment protection usually comes from the bond.
Florida’s Little Miller Act, section 255.05, applies to many Florida public construction projects involving public buildings and publicly owned property. Because public property cannot be liened like private property, payment protection often comes through a statutory bond. Section 255.05 addresses bonds for contractors constructing public buildings and public works.
A section 255.05 payment bond claim can protect subcontractors, suppliers, and other qualifying claimants who furnish labor, services, or materials to a covered public project. But the remedy is technical. Claimants must identify the correct bond, understand their contractual tier, preserve rights, and comply with applicable notice and lawsuit deadlines.
These claims are not the same as private Florida Construction Lien Law claims. Instead of recording a lien against property, the claimant proceeds against the bond and surety. The dispute may still involve the same underlying issues: nonpayment, retainage, Change Orders, Delay Claims, defective work allegations, termination, or disputed contract scope.
Montesino Law represents contractors, subcontractors, suppliers, owners, and sureties in Florida public payment bond disputes under section 255.05.
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Questions About Florida Little Miller Act Bond Claims
Florida Little Miller Act claims are payment bond claims on Florida public projects. They can provide a remedy when a contractor, subcontractor, supplier, or other construction participant cannot lien public property.
What is the Florida Little Miller Act?
The Florida Little Miller Act is the law that governs many payment bond claims on Florida public construction projects. Because public property generally cannot be liened, unpaid project participants may need to pursue payment through the project’s payment bond instead of a construction lien.
Who can make a Section 255.05 bond claim?
Contractors, subcontractors, sub-subcontractors, suppliers, and other construction participants may be able to make a Section 255.05 bond claim if they furnished covered labor, services, or materials to a Florida public project and complied with the applicable notice and deadline requirements.
Is a Florida Little Miller Act claim the same as a construction lien?
No. A construction lien is a claim against real property. A Florida Little Miller Act claim is a claim against a payment bond. The goal may be similar — getting paid for construction work — but the documents, deadlines, defenses, and enforcement procedures are different.
What deadlines apply to Florida Little Miller Act claims?
Florida Little Miller Act claims can involve notice deadlines, Notice of Nonpayment deadlines, and lawsuit deadlines. These deadlines should be reviewed separately from construction lien deadlines because missing a bond deadline can defeat an otherwise valid payment claim.
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