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In this blog, we will delve into the intricacies of serving a Florida Notice of Nonpayment, highlighting the essential requirements and best practices to facilitate a successful recovery of payments.
What is a Notice of Nonpayment?
A Notice of Nonpayment form specific to Florida is utilized in situations where a contractor or supplier involved in a public project within the state hasn't received payment and intends to initiate a claim against the project's payment bond. This formal notice is required to be dispatched by individuals who do not possess a direct contractual agreement with the main contractor, and it must be sent to both the prime contractor and the surety. Similar to a mechanics lien but specific to public projects, this notice offers a way for lower-tier construction participants to secure payment during disputes or delays. However, it's essential to adhere to specific rules and requirements when serving this notice to ensure its validity and efficacy.
Who is Eligible to Serve a Florida Notice of Nonpayment?
- Subcontractors and material suppliers engaged in publicly funded projects in Florida have the right to serve a Notice of Nonpayment.
- Individuals or entities without a direct contract with the general contractor must adhere to preliminary notice requirements to safeguard their bond rights.
- It is essential for these parties to serve a preliminary notice, as it is a vital step in preserving their ability to assert a payment bond claim.
What are the Preliminary Notice Requirements?
For those without a direct contract with the general contractor, a preliminary notice is crucial to preserve their right to make a payment bond claim. This written notice should explicitly state the intention to seek protection through the bond, and must include relevant details such as names, addresses, project descriptions, and the intent to use the bond for payment protection. This notice must be served within 45 days of commencing work on the project.
Serving the Florida Notice of Nonpayment
The deadline to serve the Notice of Nonpayment is within 90 days of the last day of work on the project, which refers to the day when the party last provided labor, materials, or services. Failure to serve the notice within this timeframe forfeits the right to payment protection through the payment bond.
What are the Consequences of Noncompliance?
Not serving the Notice of Nonpayment essentially revokes the best option to recover payment from a delinquent client, emphasizing the importance of adhering to this process, especially in public projects where mechanics lien isn't applicable.
How to Serve a Florida Notice of Nonpayment?
Here are the steps to serve a Florida Notice of Nonpayment -
Step 1 - Prepare the Notice of Nonpayment form
Step 2 - Notarize the form by a Notary Officer
Step 3 – Submit the fully filled notarized form to General Contractor and Surety
Step 4 - Initiate a lawsuit if payment is not received
- Step 1 - Prepare the Notice of Nonpayment form using the prescribed statutory form and provide accurate and honest information, avoiding fraudulent claims.
- Step 2 - Notarize the form by a notary officer, ensuring compliance with recent Florida state rules.
- Step 3 - Submit the fully filled and notarized Notice of Nonpayment form to both the general contractor and the surety using valid delivery methods, such as personal delivery and certified mail with a return receipt requested.
- Step 4 - Initiate a lawsuit if payment is not received, keeping track of deadlines and complying with legal requirements to ensure a fair resolution.
What are the Best Practices for Serving a Florida Notice of Nonpayment?
- Serve the Florida preliminary notice early, ideally on the first day of work, to safeguard bond rights and avoid missing the 45-day deadline.
- Verify the accuracy of all information included in the Florida Notice of Nonpayment form, ensuring all details are correct and reasonable.
- Include only amounts directly related to services provided in the bond claim amount, avoiding the inclusion of legal costs or extraneous fees.
Key Takeaway
The Florida Notice of Nonpayment is a critical tool for subcontractors and material suppliers on public construction projects. Understanding the process, adhering to legal requirements, and following best practices are essential steps to ensure a smooth and successful payment recovery process. By navigating this process diligently, construction participants can protect their financial interests and maintain healthy relationships within the construction industry. For more information on the Notice of Nonpayment, reach out to us here, and we will be happy to help. Have a Sunny Day!
Common Questions Contractors Ask
Who can file a Notice of Nonpayment in Florida?
Subcontractors and suppliers on public projects who haven't been paid by the general contractor.
Is a preliminary notice required before filing a Notice of Nonpayment?
Yes, if you don't have a direct contract with the general contractor. This notice is due within 45 days of starting work.
What is the deadline for filing a Notice of Nonpayment?
Within 90 days of your last furnishing of labor or materials to the project.
What information must be included in the Notice of Nonpayment?
The statutory form requires details like the parties involved, project description, amount owed, retainage, and payments received.
How is the Notice of Nonpayment served?
By certified mail with return receipt requested, or by other methods listed in Florida Statutes Section 713.18.
Who should receive the Notice of Nonpayment?
The general contractor and the surety company that provided the payment bond.
What happens if I don't file a Notice of Nonpayment?
You lose the right to make a claim against the payment bond, which is your primary recourse on public projects.
What if I file the Notice of Nonpayment, but I'm still not paid?
You may need to file a lawsuit within one year of your last day of work (or within 60 days if the general contractor contests your claim).
Does a Notice of Nonpayment apply to private projects?
No, it's specific to public projects. Mechanics liens are the remedy for non-payment on private jobs.
Can I include attorney's fees in my bond claim amount?
No, only include amounts directly related to the labor or materials you provided.
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