Florida Notice of Nonpayment: 45-Day Deadline and How to Enforce

The Florida notice of nonpayment is how subcontractors protect their right to get paid when a general contractor or property owner doesn't pay. Miss the deadline and you lose the right to pursue a payment bond claim or statutory retainage. Florida statute 713.06 sets two different deadlines depending on what you're chasing: 90 days for bond claims, 45 days for retainage. I'm going to walk you through both, who you serve, and how this notice is different from the Notice to Owner most Florida subs already know.

What the Florida Notice of Nonpayment Does

The Florida Notice of Nonpayment tells the owner, contractor, or surety that you delivered labor or materials and haven't been paid. It's required under Florida Statute 713.06 if you want to preserve your right to file a claim against a payment bond or recover statutory retainage.

This is not the same as a Notice to Owner. The Notice to Owner establishes your lien rights at the start of a job. The Notice of Nonpayment comes later, after you've finished work and payment has stopped. Think of it as the second wave of paperwork when things go sideways.

If you skip the Notice of Nonpayment or serve it late, you forfeit your bond claim or retainage claim. Florida doesn't give extensions. The deadlines in 713.06 are strict.

The Two Deadlines: 90 Days for Bond Claims, 45 Days for Retainage

Florida gives you 90 days from your last day of work or last material delivery to serve a Notice of Nonpayment if you're going after a payment bond. That 90-day window is set in Florida Statute 713.23, which governs bond claims on private projects.

If you're chasing statutory retainage (the portion of payment the owner is required to hold back under 713.06), the deadline is 45 days from your last labor or materials. Miss that 45-day mark and you lose the right to the retainage.

Most subs I talk to know about the 90-day bond deadline. The 45-day retainage deadline catches people off guard because it's shorter and the statute language isn't as obvious. I ran pool builds in Tampa Bay for 5 years and saw more than one plumbing sub lose retainage because they thought they had 90 days across the board.

Count from your last day on-site, not from when you sent the invoice. If you delivered your final load of pavers on March 15, your 45-day retainage clock expires April 29. Your 90-day bond clock expires June 13.

Who to Serve and How

You serve the Notice of Nonpayment on the party who hired you and, if you're going after a bond, on the surety that issued the payment bond. If you contracted directly with the owner, serve the owner. If you contracted with a general contractor, serve the GC.

Florida Statute 713.06(3)(d) requires service by certified mail, return receipt requested, or personal delivery. Email and regular mail don't count. Keep your certified mail receipt and the green card when it comes back. That's your proof of service if anyone challenges your claim later.

• Serve the contractor or owner who hired you (certified mail or hand delivery)
• Serve the surety if you're pursuing a payment bond claim (name and address should be on the bond copy you got at the start of the job)
• Keep copies of everything: the notice, the mail receipt, the return card

If you don't have the surety's address, ask the contractor or check with the county recorder where the bond was filed. On public jobs the bond is usually on file with the agency that let the contract.

Notice of Nonpayment vs. Notice to Owner

The Notice to Owner is the document you serve within 45 days of starting work (or delivering your first materials) to preserve your lien rights. It tells the owner you're on the job and you expect to be paid. Without it, you can't file a mechanic's lien later.

The Notice of Nonpayment comes after the work is done. It's your formal statement that payment stopped and you're preserving your bond or retainage claim. One is preventive (Notice to Owner), the other is reactive (Notice of Nonpayment).

You need both if you want full protection. The Notice to Owner protects your lien. The Notice of Nonpayment protects your bond and retainage claims. They don't substitute for each other. I built a tool called Workhand that tracks job milestones and contract values so you can see when payments are late before the statutory deadlines sneak up on you, but the actual notice filings still happen outside the app. We host a free <a href='https://workhand.app/tools/florida-lien-waiver-generator/'>Florida lien waiver generator on the Workhand site if you need quick reference docs, and our <a href='https://workhand.app/templates/florida-lien-waiver-quick-reference/'>lien waiver quick reference covers the Notice to Owner timing too.

What Happens If You Miss the Deadline

Miss the 45-day retainage deadline and you lose the right to collect statutory retainage under 713.06. Miss the 90-day bond deadline and you can't file a claim against the payment bond under 713.23. The surety will reject your claim and you're left chasing the contractor directly, which is a much harder fight.

Florida courts don't give you a mulligan on these deadlines. The statute says 'shall serve' and the case law backs that up. I've seen subs lose five-figure retainage claims because they were three days late on the notice.

This is an example of what I call The Field-Office Latency Gap, the time between a jobsite event (your last day on-site) and when the office realizes it and acts. If your office doesn't know you finished the punch list until a week later, and then takes another week to draft the notice, you've burned 14 of your 45 days without even knowing it. Real-time jobsite visibility matters when statutory clocks are running.

Enforcing Your Rights After You Serve the Notice

Serving the Notice of Nonpayment doesn't get you paid by itself. It preserves your right to file a bond claim or retainage claim if payment still doesn't come. After you serve the notice, you typically wait to see if the contractor or owner responds. If they don't pay within a reasonable time (and no statute defines 'reasonable' here, but 30 days is a common benchmark), you move to the next step.

For bond claims, that next step is filing a lawsuit against the surety under the payment bond. For retainage, you're enforcing the statutory holdback provisions in 713.06, which may also require a lawsuit depending on whether the owner disputes your claim.

Most subs I know try one more demand letter after the Notice of Nonpayment before they lawyer up. It's not required, but it sometimes shakes the money loose without the cost of litigation. If you're owed under $8,000, small claims court in Florida is an option and you don't need a lawyer. Over that, you're in county or circuit court and you probably want representation.

Frequently asked questions

What is a Florida Notice of Nonpayment?

It's a statutory notice under Florida Statute 713.06 that subcontractors must serve to preserve their right to pursue payment bond claims or statutory retainage when they haven't been paid. You serve it on the contractor or owner who hired you, and on the surety if you're going after a bond.

How long do I have to serve a Notice of Nonpayment in Florida?

You have 90 days from your last day of work or material delivery to preserve a payment bond claim under 713.23. You have 45 days to preserve a statutory retainage claim under 713.06. The deadlines are strict and courts don't grant extensions.

Is the Notice of Nonpayment the same as a Notice to Owner?

No. A Notice to Owner is served at the start of a job to preserve lien rights. A Notice of Nonpayment is served after the work is done and payment has stopped, to preserve bond and retainage claims. You need both for full protection.

Who do I send the Florida Notice of Nonpayment to?

Send it to the party who hired you (the general contractor or owner) and to the surety if you're pursuing a payment bond claim. Use certified mail with return receipt or hand delivery. Email and regular mail don't satisfy the statute.

What happens if I miss the 45-day or 90-day deadline?

You lose your right to pursue the retainage claim (45 days) or the bond claim (90 days). Florida courts enforce these deadlines strictly. You'll be left chasing the contractor directly without the protection of the bond or statutory retainage provisions.

Can I file a Notice of Nonpayment and still file a lien?

Yes, if you properly served a Notice to Owner at the start of the job. The Notice of Nonpayment preserves bond and retainage rights. A mechanic's lien is a separate remedy that requires the earlier Notice to Owner.

Do I need a lawyer to send a Notice of Nonpayment?

No, you can draft and serve the notice yourself. The statute doesn't require a lawyer. But if you end up filing a bond claim or retainage lawsuit after the notice, you'll likely want legal representation unless the amount is small enough for small claims court.

Where can I find a Florida Notice of Nonpayment template?

The Workhand site hosts a <a href='https://workhand.app/templates/florida-lien-waiver-quick-reference/'>Florida lien waiver quick reference</a> that covers notice timing and requirements. Many Florida construction law firms also publish sample forms on their websites.