Bond or Lien Claim-Public Work

Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software., Nor does FWM Software assume any liability or responsibility for its content. Please use in conjunction with advice from your attorney.

Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Notice of Non-Payment on Public Project and Bond Claim.

Scope: State of Florida, Public Works.

Important: Service by a certain date in Florida means service by the date, not in the mail to be served as with some states. If the mail was delayed (not refused or ignored) that is an absolute defense to a lien or bond claim.

Time Constraints: you must have served the required parties with a preliminary notice (Public Works) within the statutory timeframe or you cannot make a lien claim (see Florida Preliminary Notice, Public Works, memo for more information).

You must serve your Notice of Non-Payment and Bond Claim to the public entities, prime contractors and sureties within90 days of the date of last furnishing labor, materials or services by certified mail or personal service.

Information as to the Bond may be obtained through the public entity, or the county recorder's office where the project is located. The payment bond must identify the project and contain the name and business address of both the prime contractors and sureties.

Perfection: To perfect your Lien Claim, you must file suit to enforce the bond claim against the surety within 1 year of the date of your last furnishing of labor, materials or services. See a copy of the payment bond for any specific restrictions.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend that your attorney handle the enforcement actions to perfect your lien claims.

Information Requirements: Program information and information for Exhibits A-D and any additional costs as to legal fees, court costs and interest charges (do not pass these up. Estimate if necessary. In the case of Bond Claims, the public entities and sureties will reserve only the amount for which you make claim), and the county of the state where the recording will be made.

Form Types: Notice of Non-Payment on Public Project and Bond Claim, and Notice of Non-Payment for Surety and Exhibit’s A-D, if needed.

Procedures: Prepare your documents using the required information. Serve the Notice of Non-Payment immediately on the public entities, general contractors and sureties. After service, you may move to file suit to enforce the payment bond any time within 1 year of the date of your last furnishing of labor, materials or services.

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