Getting Contractors & Subcontractors Paid in Florida
1. Definition
Contractors, subcontractors, and suppliers who perform work or provide materials on construction projects in Florida are entitled to be paid under both contract law and Florida’s construction lien laws. When payment is wrongfully withheld, Florida provides legal tools such as mechanic’s liens, breach of contract suits, unjust enrichment claims, and in public projects, bond claims.
2. Florida Legal Context
Florida’s Construction Lien Law is found in Fla. Stat. Chapter 713, Part I.
Key deadlines and procedures:
- Notice to Owner (NTO) must be served within 45 days of first work/materials
- Claim of Lien must be recorded within 90 days of last furnishing
- Lien foreclosure lawsuit must be filed within 1 year of lien recording (or 60 days if a Notice of Contest is filed)
Failure to meet these deadlines waives lien rights. In addition, unpaid parties may pursue:
- Breach of contract (written or oral)
- Quantum meruit or unjust enrichment
- Payment bond claims for public or bonded private projects (Miller Act / Little Miller Act)
3. Real-World Application
Common examples:
- A subcontractor finishes work but the general contractor delays payment
- A contractor is removed from a project midstream and never paid for partial work
- A supplier delivers materials that are used but not paid for
- A project goes over budget and payments stall due to disputes or developer insolvency
In public projects, liens are not available—but bond claims may be filed against the surety.
4. Why It Matters for Clients
Contractors and tradespeople are often the last to be paid and the first to suffer when projects slow or stall. Florida lien rights are powerful, but unforgiving—miss a deadline, and your rights are gone.
Failure to act may lead to:
- Loss of entire job value
- Cash flow disruptions
- Inability to fund other projects or payroll
- Personal exposure for small contractors
5. How Our Law Firm Can Help
We help contractors and subcontractors:
- Serve Notices to Owner and record Claims of Lien properly
- File lawsuits to foreclose on liens
- Enforce payment bond claims
- Litigate breach of contract or unjust enrichment actions
- Defend against fraudulent lien accusations or lien removal actions
We also advise construction businesses on internal lien tracking systems and contractor agreements.
6. FAQs (Frequently Asked Questions)
Q: Can I still get paid if I didn’t serve a Notice to Owner?
A: If you’re a general contractor dealing directly with the owner, NTO is not required. But for subcontractors and suppliers, it is mandatory.
Q: What happens if I file a lien late?
A: It’s invalid. The lien must be filed within 90 days of your last labor or materials. Don’t delay.
Q: Can I include attorney’s fees in my lien claim?
A: If your contract provides for it, or if you prevail in lien foreclosure, Florida law allows attorney’s fees.
Q: Can a property owner challenge or remove a lien?
A: Yes. Owners can file a Notice of Contest or transfer the lien to a bond, triggering deadlines and possible litigation.
Q: What if I worked on a public school or municipal building?
A: You cannot lien public property, but you may file a claim against the project’s payment bond.