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.