The Notice Zone offers Notice to Contractor Service for public, private and FDOT bonded construction projects.
When you are working as a subcontractor on a bonded project* (bonded jobs often include work on public property such as schools, parks, roadways, government buildings, etc., but jobs on private/commercial property may also be bonded), you need to file a Notice to Contractor instead of a Notice to Owner. You cannot lien public property or private/commercial bonded jobs; if you do not get paid on a bonded job or project, you make a claim against the bond on that project. In order to do that you must first serve your Notice to Contractor withing 45 days** of your FIRST day on the job. Then you serve your Notice of Nonpayment to make a claim against the bond in the event you don’t get paid or paid in full.
The Notice Zone will complete the research to locate the bond for these projects and serve your Notice to Contractor to the correct parties. Click here to fill out our online Notice to Owner Request Form with the job information and we will do the rest.
Here is some useful information regarding bonded projects:
PUBLIC BONDED PROJECTS*
Notice to Contractor
It is recommended that all entities who supply labor or materials to public, bonded construction projects serve a preliminary Notice to Contractor. The parties required to serve a Notice to Contractor are any subcontractors that are not in direct contract with the general contractor. These subcontractors who are not in direct contract with the general contractor must file a Notice to Contractor within forty-five (45) days after the start of work (labor, services or delivery of materials) in order to enforce a bond claim on a public project. Florida Department of Transporation jobs are the only exception to the strict forty-five (45) day time limit rule: you have ninety (90) days from your first day of work on a bonded FDOT project to serve your Notice to Contractor on the contractor that holds the bond.
Notice of Nonpayment
If you do not get paid on a public (or private) bonded project, Florida Statute 713.23 requires that you comply with the Notice of Nonpayment requirements in order to make a claim under that bond. The Notice of Nonpayment informs the general contractor and the bonding company that you are seeking recovery on the payment bond, and it must be submitted within ninety (90) days of the final furnishing of labor, services, and/or materials by the subcontractor. However, you cannot make a claim on the bond unless you are in direct contract with the general contractor who holds the bond, or you have served a Notice to Contractor as described above.
*Section 255.05(1)(a) states that a contractor on a pubic project must record a payment bond in the public records of the county where the project is located PRIOR to commencing work. This requirement is for state projects of $100,000.00 or more, or county, city or public authority projects of $200,000.00 or more.
**Florida Department of Transportation (FDOT) preliminary notices/Notices to Contractors have a ninety (90) day time limit from the first day on the job to serve to the general contractor.