Florida subcontractors and suppliers on bonded construction projects must serve a written Notice to Contractor — also called a sworn notice of nonpayment — on the contractor and the surety to preserve rights under a Florida payment bond, governed by Fla. Stat. § 713.23. For sub-subcontractors and suppliers to a subcontractor, a compliant Notice to Owner under Fla. Stat. § 713.06 is also required as a prerequisite. The sworn notice of nonpayment must be served no later than 90 days after the claimant's final furnishing of labor or materials. Missing that deadline extinguishes your bond claim entirely. Any lawsuit on the bond must be filed within one year of the claimant's final furnishing, with certain conditions attached.
What Is a Florida Notice to Contractor Bond Claim?
A Florida Notice to Contractor bond claim is the formal written demand a subcontractor or supplier serves on a licensed contractor and the contractor's surety to collect unpaid amounts under a statutory payment bond on a private construction project. Florida Statutes § 713.23 establishes the payment bond framework that contractors can use as an alternative to a property owner's exposure to mechanics liens. When a contractor records a proper payment bond, the lien rights of claimants attach to the bond — not the property. The sworn notice of nonpayment is the mechanism claimants use to trigger those bond rights.
This matters because without a recorded payment bond, subcontractors pursue a mechanics lien against the property. With a bond in place, the surety — an insurance company that issued the bond on behalf of the contractor — becomes the party responsible for satisfying valid unpaid claims. Understanding which path applies to your project is step one.
Who Must File a Florida Payment Bond Claim?
Your obligation to file a bond claim depends on your tier in the contracting chain. Florida Statutes § 713.23 distinguishes between direct subcontractors (those in contract directly with the general contractor) and more remote claimants.
Direct subcontractors — those with a direct contract with the contractor who recorded the bond — are required to serve a sworn notice of nonpayment on the contractor and the surety within 90 days of final furnishing to preserve bond claim rights and as a condition precedent to filing suit on the bond.
Sub-subcontractors and suppliers to a subcontractor — parties without a direct contract with the bonded contractor — must meet two requirements. First, they must have served a timely Notice to Owner under Fla. Stat. § 713.06. Second, they must serve a sworn notice of nonpayment within 90 days of their final furnishing. Failure to serve the Notice to Owner bars both lien and bond claim rights for these more remote claimants.
Material suppliers and labor vendors at any tier who did not serve a compliant Notice to Owner as required by § 713.06 lose their bond claim rights. There is no workaround.
What Is the Florida Payment Bond Claim Deadline for Subcontractors?
Under Fla. Stat. § 713.23(1)(d), a claimant must serve the sworn notice of nonpayment no later than 90 days after the claimant's final furnishing of labor, services, or materials. That 90-day clock starts on the last date you actually performed work or delivered materials — not the date of your invoice, not the date payment was due.
After serving the sworn notice of nonpayment, you must file suit on the bond within one year of your final furnishing under Fla. Stat. § 713.23(1)(e). Serving the notice stops the clock on the contractor's and surety's right to dispute timely notice, but it does not toll the suit deadline independently.
Two critical points on timing:
- Do not wait until you are sure you won't get paid. By the time most subcontractors decide to pursue a bond claim, they are already weeks or months into the 90-day window.
- Final furnishing means the last substantive work or delivery — not a warranty callback or punch list item added purely to extend the deadline. Courts look at the substance of the work.
According to Rabbet's 2024 Construction Payments Report, 82% of contractors face payment waits of over 30 days. If you are running on those margins, a 90-day window closes faster than it looks on a calendar.
Who Receives the Florida Sworn Notice of Nonpayment?
Under Fla. Stat. § 713.23(1)(d), the sworn notice of nonpayment must be served on the contractor and the surety. You must identify and serve both.
Finding the surety: When a contractor records a payment bond under § 713.23, the bond is recorded in the public records of the county where the project is located. The recorded bond identifies the surety by name and typically includes the surety's address. Pull the bond from the county recorder's office to get the correct surety information before you serve notice.
Service method: Florida does not specify a single mandatory delivery method for the sworn notice of nonpayment under § 713.23, but certified mail provides the documented proof of service you will need if the matter goes to litigation or dispute. Personal delivery with a written acknowledgment is also acceptable. Do not rely on email alone.
What Documents Are Needed for a Florida Bond Claim?
To file a complete Florida payment bond claim, you need the following:
- The sworn notice of nonpayment — a written, sworn statement identifying the amount unpaid, the labor or materials furnished, the project, and the claimant's contract with whom
- Copy of the recorded payment bond — pulled from county public records, confirming the surety's identity and bond number
- Proof of your Notice to Owner (if you are a sub-subcontractor or supplier not in direct contract with the bonded contractor) — certified mail receipts, certificate of mailing, or return receipt confirming timely service under § 713.06
- Supporting documentation — invoices, change orders, delivery receipts, contracts, and any written communications showing the amount owed and the scope of work furnished
- Certificate of mailing or certified mail tracking — proof that you served the sworn notice on both the contractor and the surety within the 90-day window
The sworn notice itself must be notarized. An unsworn demand letter does not satisfy the statutory requirement.
Florida lien deadline reference
Florida Contractor Bond Claim vs. Mechanics Lien: Which Path Do You Take?
Whether you pursue a bond claim or a mechanics lien depends entirely on whether the contractor recorded a valid payment bond under Fla. Stat. § 713.23.
If a payment bond is recorded and posted: Under § 713.23(2), the recording of a proper payment bond with the clerk of court in the county where the project is located transfers lien rights from the property to the bond. Claimants who would otherwise lien the property must instead pursue the bond. You cannot simultaneously enforce a mechanics lien on the bonded property and make a claim on the bond for the same work.
If no bond is recorded: You pursue a mechanics lien under Fla. Stat. § 713.06 and § 713.08. This involves a Notice to Owner, a Claim of Lien, and ultimately a lien foreclosure action if the debt is not paid.
Practical difference: A mechanics lien encumbers the property and can force a sale. A bond claim goes against a surety with financial resources, which often means faster resolution — but only if you meet every procedural requirement. Sureties are experienced at denying late or defective claims.
For a deeper look at the lien side of this equation:
What Is the Process for Filing a Florida Bond Claim as an Unpaid Subcontractor?
Here is the process step by step, based on Fla. Stat. § 713.23:
Step 1 — Verify a bond was recorded. Search the county public records where the project is located. The bond must be recorded before your work began to fully protect all claimants.
Step 2 — Confirm your Notice to Owner was timely served (sub-subcontractors and remote suppliers only). Under § 713.06, this notice must be served within 45 days of your first furnishing. If you missed it, consult a construction attorney immediately — you may have lost both lien and bond rights.
Step 3 — Prepare the sworn notice of nonpayment. Include the project name and address, the name of the contractor, the surety's name and bond number, the claimant's name and address, the amount unpaid, a description of the labor or materials furnished, and a sworn statement that the amounts are true and correct to the best of your knowledge.
Step 4 — Get it notarized. This is a statutory requirement, not a formality.
Step 5 — Serve on both the contractor and the surety via certified mail. Keep the tracking number and retain your Certificate of Mailing.
Step 6 — Calendar the suit deadline. You have one year from your final furnishing to file suit under § 713.23(1)(e) if the bond claim is not resolved.
Step 7 — Document everything. Payment disputes that reach litigation are won and lost on paper. Keep every invoice, change order, site log entry, and communication organized from day one.
According to Rabbet's 2024 Construction Payments Report, slow payments cost the U.S. construction industry an estimated $280 billion in 2024, adding roughly 14% to total construction spending. That cost lands hardest on subcontractors who lack the legal infrastructure to collect. Procedural compliance is the difference between collecting and absorbing the loss.
Notice Required Before Suing on a Florida Payment Bond: What Happens If You Skip It?
Serving the sworn notice of nonpayment is a condition precedent to filing suit on the bond under Fla. Stat. § 713.23. If you file suit without having served a timely, compliant sworn notice, the court can dismiss the claim. The surety will raise the defective notice as an affirmative defense, and they will usually win on it.
There is no savings clause that allows a late or defective notice to be ratified after the 90-day window closes. Once the deadline passes, the bond claim is barred. The surety owes you nothing, regardless of how legitimate your underlying payment claim is.
This is not a technicality — it is the entire architecture of the Florida payment bond system. Florida courts have consistently enforced these notice requirements as strict conditions, not procedural suggestions. If you are unsure whether your notice was proper, get a construction attorney to review it before the deadline passes.
Frequently Asked Questions
Does every Florida construction project have a payment bond?
No. A payment bond under Fla. Stat. § 713.23 is optional on private projects. Contractors post bonds voluntarily to protect property owners from mechanics liens. Some projects have them; many do not. You must search county public records to confirm whether a bond was recorded on your specific project before assuming this path applies to you.
What if I missed the 45-day Notice to Owner deadline but want to file a bond claim?
If you are a sub-subcontractor or a supplier not in direct contract with the bonded contractor, a timely Notice to Owner under Fla. Stat. § 713.06 is a prerequisite to bond claim rights. Missing that 45-day window generally bars both your lien rights and your bond claim. Consult a Florida construction attorney immediately — there may be narrow fact-specific arguments available, but there is no routine fix.
Can I file both a mechanics lien and a bond claim on the same project?
Generally no. Under Fla. Stat. § 713.23(2), when a proper payment bond is recorded and served, the property is protected from liens and your remedy runs against the bond. You cannot double-recover from both the property and the surety for the same unpaid work.
Who is the surety on a Florida contractor payment bond?
The surety is the insurance or bonding company that issued the payment bond on behalf of the contractor. The surety's name, address, and bond number are all listed on the recorded bond document. Pull the bond from the county clerk's public records office to identify the surety before serving your sworn notice.
How do I know if the bond was recorded before my work started?
Check the recording date on the bond document in county public records. Under § 713.23, the bond should be recorded before construction begins or before the claimant first furnished labor or materials to fully bind all claimants. A bond recorded after your first furnishing may not protect your claim in the same way.
What is the difference between a sworn notice of nonpayment and a Notice to Contractor?
In Florida practice, the terms are often used interchangeably to describe the written, sworn demand served on the contractor and surety under § 713.23(1)(d). The statutory text uses "sworn notice of nonpayment." Whatever term is used in practice, the document must be sworn, served on both required recipients, and served within 90 days of final furnishing.
What happens after I serve the sworn notice of nonpayment?
The contractor and surety typically have the opportunity to respond, pay, or dispute the claim. If the claim is not resolved, you must file a civil lawsuit on the bond within one year of your final furnishing under Fla. Stat. § 713.23(1)(e). Serving the sworn notice does not automatically result in payment — it preserves your right to sue.
Can a supplier with no labor on the project file a Florida bond claim?
Yes. Material suppliers who furnished materials to the project are claimants under Fla. Stat. § 713.23, provided they meet the applicable notice requirements based on their tier in the contracting chain. Suppliers in direct contract with the bonded contractor must serve the sworn notice of nonpayment. Remote suppliers must also have served a timely Notice to Owner.
Protect Your Lien Rights Today
Florida's payment bond system gives unpaid subcontractors a direct path to recovery — but only if you hit every deadline and serve every required notice correctly. A missed 90-day window, a defective sworn notice, or a skipped Notice to Owner wipes out rights that no attorney can recover after the fact.
LienFlash generates attorney-reviewed, Florida-compliant sworn notices and preliminary notices, sends them via USPS Certified Mail with a Certificate of Mailing PDF, and keeps your deadlines tracked — in about two minutes per filing.
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