Deadlines for Construction Liens and Bond Claims in Florida
In an earlier post, we covered the Florida Notice to Owner / Contractor. In today’s post, we are going to map out the Florida mechanic’s lien & bond claim.
Private Projects
Florida Mechanic’s Liens
Here’s what you need to know! Your mechanic’s lien should be filed within 90 days from your last furnishing. You should serve a copy of the lien upon the owner within 15 days from filing the lien. Your lien is enforceable for the unpaid portion of the contract.
If necessary, you should file suit to enforce your lien within 1 year from filing the lien. If you are the prime contractor, you must serve a final payment affidavit at least 5 days prior to filing suit.
Florida Bond Claims
In Florida, the payment bond will either be conditional or unconditional. An unconditional payment bond, properly recorded, prevents liens from attaching to the property. You should serve a bond claim upon the prime contractor and surety within 90 days from last furnishing. The bond claim must be received by the deadline.
If necessary, you should file suit to enforce your bond claim within 1 year from last furnishing.
Public Projects
Florida Bond Claims
Generally, payment bonds are required for general contracts exceeding $200,000. If it is a Department of Transportation project, payment bonds are generally required for contracts exceeding $250,000.
You should serve the bond claim upon the prime contractor and surety after 45 days from first furnishing, but within 90 days from last furnishing.
For Department of Transportation Projects, serve bond claim notice upon the prime contractor and surety after 45 days from first furnishing, but within 90 days from last furnishing. When contracting directly with the prime contractor, no bond claim is required.
If necessary, file suit to enforce your bond claim within 1 year from last furnishing. For Department of Transportation Projects, File suit to enforce your bond claim within 365 days after final acceptance of the contract.
Public-Private Partnership Bonus
Payment bonds are required for Public Private Partnership projects as defined by F.S. 287.05712, and are subject to the same recordation, notice, suit limitation and other requirements of the statute for public projects (F.S. 255.05).
Questions about securing payment rights on Florida construction projects? Contact us!
