What is a Notice of Nonpayment?

Codified at FLA. STAT. 713.23(d), the Notice of Nonpayment form is used to provide the contractor or surety with notice that the lienor has furnished certain labor, services or materials for improvement of real property and to notify each party of the amount that remains due and unpaid.

After the completion (or termination) of the furnishing of labor or materials on a bonded project for which you are still owed payment, you should complete and record this form. The Notice is like a lien but instead of attaching to the subject property, it attaches to the payment bond.

To recover an outstanding balance under the bond, the lienor must serve the contractor with a notice of nonpayment in addition to a notice to contractor form. The lienor must serve this written notice no later than 90 days after the final furnishing of labor, services, or materials. Remember that the time for serving the written notice of nonpayment is ONLY measured from the last day that the lienor furnishes labor, services, or materials. Id.

A valid notice of nonpayment form must include both the contractor's and surety's name and address, a description of the labor or materials furnished, a property description, and the amount owed and unpaid.

Each case is unique, so contact an attorney with specific questions or for complex situations relating to a notice of nonpayment or other issues with Florida mechanic's liens.

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