SB 908 — Construction Bonds

Florida Senate - 2018 CS for SB 908 By Senatorthe SteubeCommittee 23-00879-18on 2018908__Judiciary; A bill to be entitled An act relating to construction bonds;

and Senator Steube 590-02396-18 2018908c1 A bill to be entitled An act relating to construction bonds;

requiring a claimant to attach certain documents to a notice of nonpayment;

requiring a lienor to attach certain documents to a notice of nonpayment;

3633 Be It Enacted by the Legislature of the State of Florida:

3835 Section 1. Paragraph (a) of subsection (2) of section 255.05, Florida Statutes, is amended to read:

4946 NOTICE OF CONTEST OF CLAIM AGAINST PAYMENT BOND 5249 To:

5451 You are notified that the undersigned contests your notice of nonpayment, dated ............, ........, and served on the undersigned on ............, ........, and that the time within which you may file suit to enforce your claim is limited to 60 days after the date of service of this notice.

6057 DATED on ............, .........

6259 Signed:

6461 The claim of a claimant upon whom such notice is served and who fails to institute a suit to enforce his or her claim against the payment bond within 60 days after service of such notice is shall be extinguished automatically.

The claimant shall also include, as attachments to the notice of nonpayment, copies of the following documents to substantiate the amount claimed as unpaid in the notice, if such documents exist:

the claimant’s contract or purchase order and any amendments or change orders directed thereto;

invoices, pay requests, bills of lading, delivery receipts, or similar documents, as applicable;

and a statement of account reflecting all payments requested and received for the labor, services, or materials.

142131 NOTICE OF NONPAYMENT 144133 To:

159148 Under penalties of perjury, I declare that I have read the foregoing Notice of Nonpayment and that the facts stated in it are true.

163152 ...(signature and address of claimant)...

The lienor must also include, as attachments to the notice of nonpayment, copies of the following documents to substantiate the amount claimed as unpaid in the notice, if such documents exist:

the lienor’s contract or purchase order and any amendments or change orders directed thereto;

invoices, pay requests, bills of lading, delivery receipts, or similar documents, as applicable;

and a statement of account reflecting all payments requested and received for the labor, services, or materials.

264245 NOTICE OF NONPAYMENT 266247 To ...(name of contractor and address)...

281262 Under penalties of perjury, I declare that I have read the foregoing Notice of Nonpayment and that the facts stated in it are true.