AVVO Q&A #6: I am a Florida building contractor working on a project for a private company in a public building. Can I get paid thru bond?

Boca Raton, FL | Wednesday at 6:06pm

Filed under: Construction law

The building is own by the City of West Palm Beach and I constructed a restaurant but was not paid fully. I would like make a claim against the city’s construction bond.

Christopher John Weiss

Avvo Pro

Christopher John Weiss
Construction / Development Lawyer
FL licensed

Regrettably there are too many unknowns to give you a clear answer. F.S. 255.05 is the governing statute. Questions exist such as, who is the entity that contracted with the public authority? Are you a subcontractor to that contractor?

Is there a bond in place? If the prime contract is $100,000 or less, a bond is not mandatory. If the contract of the prime is less than $200,000 a bond may not be required. Has 10% retainage been withheld? Did you send a statutory notice within 45 days of your first furnishing? Did you send any required 90 day notice or were you exempt from doing so? How much of your claim is for retainage?

Google F.S. 255.05 and you will see there is much more information required than contained in your limited factual scenario.

I recommend a board certified construction attorney be hired to give you the complete advice you need. Good luck to you.

Christopher Weiss


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