Bond and Payment Claims
Public projects do not use liens. They use bonds.
Not every construction payment dispute is resolved through a lien. On public projects, lien rights against the property are unavailable, and unpaid contractors, subcontractors, and suppliers must pursue payment through a bond claim if the project is bonded.
This section covers Payment Bond Claims, Florida Little Miller Act, FDOT Bond Claims, and Federal Miller Act. The correct remedy depends on the project type. Private bonded projects, Florida public projects, FDOT projects, and federal projects each involve different statutes, procedures, notices, and deadlines.
A payment bond claim may look similar to a construction lien dispute because both involve unpaid construction work. But the legal analysis is different. Instead of recording a lien against real property, the claimant may need to make a timely claim against a surety bond.
Timing is also different. For many bond claims, the deadline to file a lawsuit is one year from the date of final furnishing, not one year from serving a notice of nonpayment. This differs from construction lien practice, where a lien must first be recorded within 90 days of final furnishing and then enforced within one year of recording. As a result, the time to file suit on a bond claim may expire sooner than the time to foreclose a construction lien.
Bond claims often overlap with Breach of Construction Contract, Change Orders, Delay Claims, retainage disputes, and project closeout issues.
Questions About Florida Construction Payment Bond Claims
Payment bond claims can provide a payment remedy when lien rights are unavailable or when the project is bonded, but the rules depend on the project type and the bond involved.
What is a construction payment bond claim?
A construction payment bond claim is a claim against a surety bond for unpaid labor, services, or materials furnished to a construction project. Instead of seeking payment through a lien against real property, the claimant seeks payment from the bond principal and surety.
When are payment bond claims used instead of construction liens?
Payment bond claims are often used on public projects because public property generally cannot be liened. They may also apply on private bonded projects where a payment bond substitutes for or supplements lien rights. The correct remedy depends on whether the project is private, Florida public, FDOT, or federal.
What are the main types of construction payment bond claims?
Common categories include private payment bond claims, Florida Little Miller Act claims, FDOT bond claims, and Federal Miller Act claims. Each has different notice, deadline, and enforcement issues.
Are bond claim deadlines different from lien deadlines?
Yes. Bond claim deadlines can be different from Florida construction lien deadlines, and the deadline to sue on a bond claim may run from final furnishing rather than from recording a lien. Contractors, subcontractors, and suppliers should evaluate bond deadlines separately from lien deadlines.
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