Updated August 2025 | All statutory references in this article reflect the Florida Statutes, Title XL, Chapter 255 & Chapter 713 (2024 codification)
General contractors on Florida public construction projects are required to furnish a payment bond to the public entity awarding the work (§255.05(1)(a), Fla. Stat.). Because mechanics liens are not available on public property, the bond ensures subcontractors, sub-subcontractors, and suppliers have a statutory path to recover payment. While the bond obligation rests on the general contractor, subcontractors and material suppliers are directly affected—payment certification and bond claim rights are what protect their receivables.
This guide explains the Florida Notice of Nonpayment process, including deadlines, statutory requirements, and best practices.
What Is a Florida Notice of Nonpayment?
The Florida Notice of Nonpayment is the statutory document you must serve on the contractor and the surety when making a payment bond claim (§255.05(2), Fla. Stat.). It functions like a mechanics lien for public projects, giving lower-tier construction participants a remedy when payments are delayed or disputed.
Like a lien, the Notice of Nonpayment must strictly comply with statutory requirements. Missing a deadline or including inaccurate information can invalidate your claim.
Who Can Serve a Florida Notice of Nonpayment?
Subcontractors, sub-subcontractors, and material suppliers on Florida public projects can serve a Notice of Nonpayment (§255.05(2)(a)2., Fla. Stat.).
- Direct contract with the general contractor: You are not required to serve a preliminary notice to preserve bond rights.
- No direct contract with the general contractor: You must serve a Notice to Contractor (the preliminary bond notice) within 45 days of first furnishing labor or materials.
Florida Preliminary Notice Requirements for Bond Claims
For those without a direct contract with the general contractor, a Notice to Contractor must be served within 45 days of first furnishing labor, services, or materials (§255.05(2)(a)2., Fla. Stat.). This document must:
- State that you are looking to the bond for protection
- Include your name and address
- Identify who hired you
- Provide a description of the labor, services, or materials furnished
- Identify the project with reasonable certainty
Service deadline: within 45 days of first furnishing
Service method: personal delivery, certified mail with return receipt, or other methods listed in §713.18, Fla. Stat.
When Do You Serve a Florida Notice of Nonpayment?
The Notice of Nonpayment must be served within 90 days after the claimant’s final furnishing of labor, services, or materials to the project (§255.05(2)(a)2., Fla. Stat.).
- “Final furnishing” excludes punch-list or warranty work.
- The deadline is strict and cannot be extended.
Failure to serve within 90 days forfeits bond rights.
Consequences of Not Serving a Notice of Nonpayment
Without a timely and valid Notice of Nonpayment, a subcontractor or supplier cannot recover under the payment bond. Mechanics liens are not available on Florida public projects (§255.05(1)(a), Fla. Stat.), so missing the notice effectively eliminates your strongest statutory payment protection.
How to Serve a Florida Notice of Nonpayment
1. Prepare the Statutory Form
Florida requires use of the statutory form found in §255.05(2)(c), Fla. Stat.. The form must include:
- General contractor’s name and address
- Surety’s name and address
- Description of labor/materials furnished
- Sufficient description of the project
- Original contract amount
- Amount paid to date
- Amount remaining due
Important: Knowingly exaggerating amounts is fraudulent and subject to penalties (§255.05(2)(e), Fla. Stat.).
2. Notarize the Form
The statutory form contains a notary block. The claimant must sign before a notary. Without notarization, the Notice of Nonpayment is invalid.
3. Serve the Notice on the Contractor and Surety
Service must be made on:
- The general contractor, and
- The surety named in the bond
Service may also be made on the public entity (optional).
Valid service methods are listed in §713.18, Fla. Stat.
4. Initiate a Lawsuit if Payment Is Denied
If the surety does not resolve the claim, a lawsuit must be filed within 1 year after final furnishing (§255.05(10), Fla. Stat.).
- If the contractor files a Notice of Contest of Claim Against Payment Bond, the deadline shortens to 60 days from the date of service (§255.05(2)(a)3., Fla. Stat.).
Best Practices for Florida Notice of Nonpayment
- Serve preliminary notices early – Do not wait until day 45. Serve immediately upon first furnishing.
- Double-check accuracy – Minor errors may be forgiven, but accuracy avoids disputes.
Exclude non-recoverable costs – Attorney’s fees, collection costs, and interest cannot be included in the Notice of Nonpayment claim amount. Only amounts for labor, services, or materials furnished should be listed.