Subcontractor Not Paid in Florida? Prompt Pay Interest, Liens, and Bonds

The GC got paid, or says it didn’t, and your subcontract balance is still open. In Florida, a sub has three main tools: the prompt payment law, lien rights under Chapter 713, and, on bonded jobs, the payment bond.

This page walks through each one and how Darkwell funding can help carry a claim of $10,000 or more. For Notice to Owner basics, see the Florida contractor not paid pillar.

Florida sub owed $10,000 or more? Request a free claim review.

Florida rules that protect unpaid subs

• Prompt payment law. On written contracts where a construction lien is authorized, an obligor such as a GC must pay a sub once the sub is entitled to payment, has sent a written request, and has supplied required waivers, and the GC has been paid for that work. Late amounts bear interest at the s. 55.03 rate plus 12 percent per year, starting on the 14th day after payment is due (Fla. Stat. § 715.12). Amounts properly withheld as retainage under the law’s retainage provisions are excluded from this interest (§ 715.12(5)(a), (7)).
• Notice to Owner. Serve it before starting, or within 45 days after starting, to furnish labor, services, or materials (Fla. Stat. § 713.06).
• Claim of lien. Record it no later than 90 days after your final furnishing, and serve it on the owner within 15 days after recording (Fla. Stat. § 713.08).
• Lien life. A lien generally lasts 1 year after recording unless a foreclosure action is started (Fla. Stat. § 713.22).
• Payment bond. On bonded private jobs, notice and suit rules differ, and an action against the contractor or surety must be brought within 1 year after your last labor or delivery (Fla. Stat. § 713.23).

Pay-when-paid fights

Many Florida subcontracts tie payment to the GC getting paid, and the prompt payment law itself starts once the GC has been paid for your work. Your attorney reads the clause and decides whether a lien, bond, or contract claim fits.

Don’t overstate the bond or lien claim

Florida forfeits bond rights for a fraudulent notice of nonpayment, including willfully exaggerated amounts. Claim only what is actually owed.

When funding helps

If the GC is well funded and slow-walking, and counsel costs are the bottleneck, funding can help carry attorney and case costs while your attorney runs the case.

How Darkwell helps

Legal costs are often what stops a good claim. Darkwell helps carry them. For a Florida sub, that can mean funding the lien, bond, or contract claim against the GC.

• We help carry the cost. Darkwell funding helps pay for the case, so your operating cash stays in your business.
• We bring attorneys we know. Darkwell has a network of attorneys we know. They help keep costs down while still pursuing the claim. The claim moves forward with an attorney from our network, or your current attorney where it fits.
• Your attorney handles the law. We don’t run your case or choose your legal strategy. Your attorney does that.
• You make a clear decision. The goal is to take the stress out of the fight and make the smart financial decision about your claim.

What to send for a claim review

• Contract or subcontract, and change orders
• Invoices, pay applications, and payment history
• Job address and the owner, GC, or customer name
• Photos, daily logs, and delivery tickets
• Any notices, lien filings, or bond information
• Your attorney’s contact, if you have one
• Your Notice to Owner and proof of service

How we get paid

Our fee comes out of the recovery, not your pocket. If there’s no recovery, you don’t repay our funding. Your written agreement sets the exact terms.

Where we work and claim size

For business claims, we fund in many U.S. states, reviewed state by state, where champerty rules and litigation funding laws allow our model. We confirm your state during review. See where Darkwell funds claims.

We review claims of $10,000 or more, subject to review and approval by our team.

Darkwell does not buy or collect consumer debt in states that require a collection license, including Colorado.

Common questions

Does Florida charge interest when a GC pays a sub late? Under § 715.12, late amounts bear interest at the s. 55.03 rate plus 12 percent per year, starting on the 14th day after payment is due, when the law’s conditions are met.

How long do I have to record a Florida claim of lien? No later than 90 days after your final furnishing, under § 713.08.

What if the job is bonded? Bond claims have their own notice and one-year suit rules under § 713.23. Ask a Florida attorney right away.

Does Darkwell control my case? No. Your attorney handles the case and the legal strategy. Darkwell provides funding.

Sources

• Fla. Stat. § 715.12
• Fla. Stat. § 713.06
• Fla. Stat. § 713.08
• Fla. Stat. § 713.22
• Fla. Stat. § 713.23

Florida sub still unpaid at $10,000 or more? Request a free claim review. Send what you have, and you’ll get a response from our team.

Related reading: Florida Contractor Not Paid · Miami Unpaid Contractor Claim Funding · Orlando Contractor Not Getting Paid · Subcontractor vs. GC Claim Funding · Where We Fund