(Consult an attorney before using this form or relying on this information)
What is a Notice of Nonpayment?
Where a payment bond exists on a project and where a contractor has failed to pay a subcontractor, a Notice of Nonpayment is necessary in order to make a lawful claim of nonpayment on the bond.
How does a Notice of Nonpayment work?
The Notice of Nonpayment must be served on the contractor no more than 90 days after the final furnishing of labor, services, or materials. Florida Statutes section 713.23(d) provides the form of the notice. Strict adherence to the statutory form is recommended.
The Notice of Nonpayment must contain the following:
- A description of the work.
- A description of the property where the work was performed.
- The amount that remains unpaid to date and the amount of unpaid retainage.
- The amount previously paid by the contractor to the subcontractor.
- What amount, if any, work is will be done in the future on the property and its monetary value.
NOTICE OF NONPAYMENT EXAMPLE
To: (name of contractor and address)
(name of surety and address)
The undersigned lienor notifies you that:
1. The lienor has furnished (describe labor, services, or materials) for the improvement of the real property identified as (property description). The corresponding amount unpaid to date is $_________ , of which $___________ is unpaid retainage.
2. The lienor has been paid to date the amount of $_________ for previously furnishing (describe labor, services, or materials) for this improvement.
3. The lienor expects to furnish (describe labor, services, or materials) for this improvement in the future (if known), and the corresponding amount expected to become due is $____________ (if known).
I declare that I have read the foregoing Notice of Nonpayment and that the facts stated in it are true to the best of my knowledge and belief.
DATED on _____________, ___________.
(name, company, signature and address of lienor)
STATE OF FLORIDA
COUNTY OF _____________
The foregoing instrument was sworn to (or affirmed) and subscribed before me this _____ day of ____________, ________, by (name of signatory).
(Signature of Notary Public – State of Florida)
(Print, Type, or Stamp Commissioned Name of Notary Public)
Personally Known OR Produced Identification
Type of Identification Produced