Title: Florida Complaint Regarding Subcontractor Against Contractor and Surety: Understanding the Legal Process Introduction: In the construction industry, disputes between subcontractors and contractors can arise due to various factors, including non-payment, breach of contract, or faulty workmanship. When such conflicts occur in the state of Florida, subcontractors have the option to file a complaint against both the contractor and their surety. This article aims to provide a detailed description of what a Florida complaint entails when a subcontractor seeks legal action against a contractor and surety, highlighting relevant keywords throughout. Types of Florida Complaints against Subcontractors and Sureties: 1. Non-Payment Complaint: A subcontractor may file a complaint when a contractor fails to make timely payments for completed work, materials, or services. The complaint may seek to recover unpaid amounts, including reimbursement for labor and materials, with relevant keywords such as "non-payment," "unpaid invoices," and "breach of payment terms." 2. Breach of Contract Complaint: If the subcontractor believes that the contractor has failed to fulfill their contractual obligations, such as delivering substandard work, delays, or not adhering to specifications, a complaint may be filed. Keywords such as "breach of contract," "substandard workmanship," and "contractual non-compliance" are applicable. 3. Fraud/Misrepresentation Complaint: When a subcontractor discovers that the contractor or surety has engaged in fraudulent activities or made false representations that resulted in financial harm, a fraud or misrepresentation complaint is appropriate. Keywords in this type of complaint may include "fraudulent inducement," "misrepresentation of qualifications," and "deception." 4. Mechanics' Lien Enforcement Complaint: Subcontractors often have the option to place a mechanics' lien on the property if the contractor fails to pay them for their work. In case the lien remains unpaid, a complaint can be filed to enforce the lien's validity and seek court-ordered sale of the property. Keywords to include are "mechanics' lien," "lien enforcement," and "foreclosure proceedings." 5. Performance Bond Claim Complaint: When a contractor defaults on their obligations, subcontractors with a valid performance bond claim can file a complaint seeking compensation from the surety. Keywords pertinent to this type of complaint include "performance bond," "surety obligations," and "damages recovery." 6. Prompt Payment Act Violation Complaint: Florida's Prompt Payment Act ensures timely payment to subcontractors and suppliers and imposes penalties for non-compliance. Subcontractors can file a complaint if the contractor violates these payment provisions, incorporating keywords such as "prompt payment act," "payment delay penalties," and "legal remedies for late payments." Conclusion: When subcontractors face difficulties regarding non-payment, breach of contract, fraud, or other issues, filing a Florida complaint against the contractor and surety may provide a means to seek resolution. This detailed description provided an overview of various types of Florida complaints relevant to subcontractor and contractor disputes, outlining the essential keywords for each category. It is recommended to consult with legal professionals experienced in construction law to ensure the proper preparation of such complaints.
Florida Complaint regarding Subcontractor against contractor and surety
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Some must be renewed annually, and some can't be renewed at all. In other words, a surety bond lasts as long as the party requiring the purchase of the bond (the ?obligee?) says it must last?as long as the premiums are paid, of course. Different types of surety bonds have different durations.
How to File a Bond Claim in Florida Step 1: Obtain a Copy of the Payment Bond. ... Step 2: Send Notice to Contractor. ... Step 3: Send Florida Notice of Nonpayment. ... Step 4: Enforce Your Florida Payment Bond Claim.
The bond amount a licensed contractor needs varies depending on the type of work he or she will perform. Division I contractors must post a $20,000 bond, while Division II contractors need either a $10,000 or $5,000 bond. However, you do not pay the entire amount of the Florida licensed contract bond.
An action by a claimant, except a laborer, who is not in privity with the contractor for the labor, materials, or supplies may not be instituted against the contractor or the surety unless both notices have been given. Notices required or permitted under this section may be served in any manner provided in s. 713.18.
In Florida, a contractor surety bond is often referred to as a ?general contractor's license bond.? This type of construction bond is required if you alter or build any structure. Contractors in good financial standing can get the $25,000 bond coverage required by the state for an annual premium of $125.
How much do you pay for a surety bond? Florida surety bonds are required for many jobs, but what does it cost to buy one? On average, the cost of a surety bond falls somewhere between 1% and 15%. That means you may be charged anywhere from $100 to $1,500.
A Florida Sellers of Travel Bond is a surety bond in an amount up to $25,000 that is required to be posted by a person or entity that sells or promotes travel related services in Florida. A $50,000 bond is required for those selling vacation certificates. This bond is also called a Florida Travel Agency Surety Bond.
Florida allows payments to be withheld for the following reasons: An improper pay request, A bona fide dispute, A material breach of contract by the claimant.