Category Archives: Bond Claims
Steps to File a Bond Claim for a Florida Construction Project
It is public policy in Florida that private contractors cannot have a security interest in public lands, which is why construction liens are not available for government projects. Instead, contractors obtain a payment or performance bond from a surety to secure their interests in getting paid for work or materials. Florida’s statute on obtaining… Read More »
The Surety’s Options For Default Under A Florida Performance Bond
A performance bond is a guarantee in favor of one party to a contract to protect against the failure of another party to meet its obligations. Because it focuses on performance, the bond relates to the satisfactory completion of the project in accordance with the project plans and specifications. Florida’s statute on public construction… Read More »
Arbitration V. Mediation In Florida Construction Bond Claims
Florida contractors may be required to obtain a performance and/or payment bond for many types of construction projects, either by statute or provisions in the construction contract. Though some consider bonds to be ancillary to the contract, they can certainly become a hot topic when disputes develop. Fortunately, not all conflicts must go to… Read More »
What Happens When A Party “Calls” A Performance Bond?
Performance bonds are a part of doing business for Florida construction contractors. Whether you are working on a public project where a bond is required by Florida construction law or a private build, you are familiar with how they work. This is why disputes are a development you certainly dread. The whole point of… Read More »
Proving A Payment Bond Claim Under Florida’s “Little Miller” Act
Whether you work on public construction projects regularly or once in a while, you know that the general contractor is required to have a payment bond in place in most cases. The Florida’s Little Miller Act imposes this requirement to avoid a situation where an unpaid subcontractor could establish mechanic lien rights on public… Read More »
Florida Payment Bond Claims For Public Projects: 4 Steps To Getting Paid
Florida contractors know that there are multiple options for ensuring payment on construction projects, and that a payment bond is the go-to when working with a government agency. The state’s “Little Miller” Act requires the primary contractor to procure a surety bond for any public construction exceeding $100,000. This provision aims to protect government… Read More »
Checklist For Payment Bond Claims On Private Construction Projects In Florida
As a construction contractor in Florida, you know that there are generally two strategies for securing payment for labor and/or services: Mechanic’s liens and surety bonds. For a private project, mechanic’s liens are a common tactic because they provide a security interest in the property. However, some parties may opt for a surety bond… Read More »
Fraud In Notice Of Nonpayment Under Florida’s Construction Bond Laws
Individuals and companies in the Florida construction industry recall the sweeping changes to payment bond claim requirements two years ago, when lawmakers enacted new Notice of Nonpayment requirements for contractors. Since the amendments became effective October 2019, you are probably well-aware that you must use the statutory form and include additional information as compared… Read More »
Surety Bonds in Florida Construction Projects
Regardless of your role in the Florida construction industry, it is a given that you will need to deal with surety bonds on an almost-daily basis. A bond is required by Florida’s Little Miller Act any time you are working on a public project in excess of $200,000, and it may be a condition… Read More »
What are the Legal Rights of a Project Owner or Surety in the Event of a Construction Default?
Surety bonds play an essential role in Florida construction projects. The surety guarantees the performance of a general contractor in completing a project under the terms of its contract with the owner. In the event of default, the owner can terminate the contract and demand satisfaction from the surety. Court: Surety Allowed to Retain… Read More »
