Florida Construction Payment Dispute Attorney

Construction businesses depend on cash flow. Payroll still has to be made. Suppliers still expect payment. Equipment still costs money. Subcontractors still have to be paid.

But the owner or general contractor may suddenly stop paying after substantial work has already been completed. You may hear:

• “The owner hasn’t funded us yet.”
• “The draw is coming next week.”
• “We are reviewing your invoice.”
• “We have some back charges.”
• “The project isn’t complete.”
• “We think your work is defective.”
• “We’ll pay after closeout.”

Weeks can pass while important legal deadlines continue running.

The Law Offices of Adam G. Hill represents Florida contractors, subcontractors, construction companies, and other qualifying construction businesses in substantial payment disputes. For qualifying matters, the firm also offers a $2,500 flat-fee attorney construction payment demand letter.

If your company performed substantial construction work and is not getting paid, call 833-918-1877 or request a construction payment case review.

$2,500 Flat-Fee Construction Payment Demand Letter

For qualifying disputes, the $2,500 flat-fee service generally includes:

• Attorney review of the construction contract or subcontract
• Review of key invoices and payment applications
• Review of important change orders
• Review of relevant payment records
• Review of material back-charge documentation
• Review of key project communications
• Legal analysis and research reasonably necessary to prepare the demand
• Attorney-drafted demand letter
• Client review of the draft before sending
• Reasonable final revisions
• USPS Certified Mail with appropriate tracking/signature service where appropriate
• Email delivery where appropriate
• Up to one attorney hour after sending for response review, advice, communications, negotiation, and settlement discussions

The $2,500 service is designed to give the opposing party a serious opportunity to pay or resolve the dispute before the client commits to broader litigation.

What the Flat Fee Does Not Include

The demand-letter service is not full litigation representation. It does not automatically include:

• Preparing or recording a Claim of Lien
• Preparing a Notice to Owner
• Payment bond claims
• Lien foreclosure litigation
• Lawsuit filing or lawsuit defense
• Counterclaims
• Discovery or depositions
• Arbitration
• Mediation attendance
• Hearings or trial
• Extensive project-file review or forensic accounting
• Multiple separate demand letters to numerous parties
• Ongoing representation
• Negotiations exceeding the included attorney hour

Those services require a separate written agreement.

Construction Payment Disputes We Handle

Appropriate matters may involve:

• Unpaid contract balances
• Unpaid invoices
• Progress payments
• Final payment
• Retainage
• Payment applications
• Draw disputes
• Change orders
• Back charges
• Scope disputes
• Wrongful termination
• Contractor nonpayment
• Subcontractor nonpayment
• Construction liens
• Notice to Owner issues
• Payment bonds
• Defect allegations used to withhold payment
• Completion disputes
• Punch-list disputes
• Project closeout
• Settlement agreements
• Construction contract litigation

The correct strategy may involve a demand letter, lien analysis, bond analysis, breach-of-contract claim, negotiation, mediation, arbitration, or litigation.

Do Not Let “We’ll Pay You Next Week” Cost You Your Rights

Construction payment disputes often become more dangerous because the unpaid business waits. The owner or general contractor may sound cooperative. That does not necessarily stop statutory deadlines.

Informal payment discussions generally should not be assumed to:

• Extend a Notice to Owner deadline
• Extend a Claim of Lien deadline
• Extend a bond deadline
• Extend a statute of limitations
• Preserve a waived right
• Stop a Notice of Contest deadline

Continue negotiating if appropriate. But calculate deadlines independently. If a substantial payment is overdue, identify the legal deadlines while the parties are still talking.

Florida Construction Liens

Part I of Chapter 713, Florida Statutes, governs private construction lien rights. Florida’s Construction Lien Law can provide powerful rights to qualifying unpaid construction participants. But a lien is not automatic, and not every unpaid contractor, subcontractor, laborer, or supplier has identical lien rights.

The analysis depends on:

• Who hired you
• Your position in the construction chain
• Property ownership
• Type of project
• Notice to Owner requirements
• Notice of Commencement
• Date work began
• Final furnishing date
• Payment history
• Lien releases
• Licensing
• Payment bonds
• Contract termination
• Other statutory requirements

Do not wait until the end of a payment dispute to determine whether lien rights exist. For broader construction representation, see our Florida Construction Lawyer page.

Do You Need a Notice to Owner?

Not every contractor does.

Certain lienors who do not have a direct contractual relationship with the property owner generally must timely serve a Notice to Owner to preserve qualifying lien rights. Under section 713.06, Florida Statutes, qualifying lienors generally must serve the Notice to Owner before commencing or no later than 45 days after commencing to furnish labor, services, or materials, subject to additional statutory timing requirements.

A contractor in direct privity with the owner is treated differently.

The Notice to Owner:

• Is not itself a lien
• Does not guarantee payment
• Does not replace the Claim of Lien
• Does not automatically mean a dispute exists

It is a statutory notice used to preserve potential rights. Serving a Notice to Owner does not eliminate the separate requirement to timely record a Claim of Lien. If you are unsure whether your company was required to serve one, identify that issue immediately.

The 90-Day Claim of Lien Deadline

Under section 713.08, Florida Statutes, a qualifying Claim of Lien generally must be recorded no later than 90 days after the lienor’s final furnishing of labor, services, or materials. If an original contract is terminated under the applicable statutory provision, an earlier deadline may apply.

Final furnishing can become disputed. Do not assume it means:

• Invoice date
• Payment due date
• Date payment was refused
• Date of your demand letter
• Date of permit closure
• Date you sent someone back for a minor callback

Warranty work, corrective work, trivial work, punch-list activity, or a late delivery should not be assumed to extend the lien deadline. Do not attempt to manufacture a later lien deadline by performing trivial or unnecessary work. Lien timing should be calculated conservatively and promptly. When the deadline may be approaching, obtain legal review promptly.

Recording a Lien Does Not Automatically Get You Paid

A Claim of Lien may create significant leverage. It does not deposit money into your account. After recording, the dispute may continue through:

• Negotiation
• Settlement
• Transfer of the lien to security
• Notice of Contest
• Lien foreclosure
• Contract litigation
• Bond litigation
• Mediation
• Arbitration

The Claim of Lien also must be served on the owner as provided by section 713.08. The statute provides for service before recording or within 15 days after recording, and failure or delay in service can affect the lien to the extent prejudice is shown as provided by the statute. Service is a separate requirement; the 15-day service period does not extend the 90-day recording deadline.

The lienor should keep monitoring deadlines after recording.

A Notice of Contest Can Shorten Your Deadline

Under section 713.22, Florida Statutes, a Florida construction lien generally does not continue longer than one year after recording unless a timely enforcement action is commenced. But an owner can use statutory procedures to shorten that period.

A properly served Notice of Contest of Lien generally reduces the lienor’s time to commence an enforcement action to 60 days after service. That is a major change.

If your company receives any of the following, do not assume the ordinary timeline still applies:

• Notice of Contest of Lien
• Summons
• Show-cause proceeding
• Complaint challenging the lien
• Notice that the lien was transferred to security
• Demand for release

What If the Owner Says Your Work Is Defective?

This is one of the most common payment defenses. The owner may suddenly claim:

• Defective installation
• Code violations
• Incomplete work
• Failed inspection
• Water intrusion
• Delay
• Damage caused to other work
• Cost to hire another contractor

Request the evidence. Review photographs, inspection reports, repair estimates, expert reports, replacement contractor invoices, punch lists, communications, and project records.

Then compare the allegations with your contractual scope, the work actually performed, approved changes, inspections, owner approvals, the work of other trades, later alterations, maintenance, and whether you were given an opportunity to cure.

A defect allegation does not automatically eliminate a valid payment claim. But legitimate defects can affect the amount ultimately owed. The contract, scope, evidence, repair costs, payment status, and defect evidence should be evaluated together.

Challenge Unsupported Back Charges

A back charge is not proven merely because it appears on a spreadsheet. Ask:

• What contract provision authorizes it?
• Was notice required?
• Was notice given?
• Did you have an opportunity to cure?
• Was the expense actually incurred?
• Is there an invoice?
• Is the work related to your scope?
• Did another trade cause the problem?
• Is the amount reasonable?
• Is the same cost being deducted twice?

A demand letter can directly address unsupported deductions rather than simply demanding the gross invoice total.

Unpaid Change Orders

Construction payment disputes frequently involve extras. The owner or general contractor may say, “There is no signed change order.” The contractor may say, “You directed us to perform the additional work.”

Relevant evidence may include:

• Contract language
• Written change orders
• Emails
• Text messages
• Field directives
• Revised drawings
• Meeting notes
• Earlier paid extras
• Photographs
• Witness testimony
• Course of dealing

An unsigned change order does not automatically resolve every claim, and oral approval does not automatically override a written-change-order requirement. Contractual written-change requirements can be important. Disputed change orders should be evaluated carefully before they are included in a lien or demand.

Retainage and Final Payment Disputes

A project can be substantially complete while significant money remains withheld. The dispute may involve:

• Retainage
• Punch-list work
• Closeout documents
• Final inspection
• Releases
• As-built documents
• Warranties
• Final payment conditions
• Disputed credits
• Back charges

Review the contract and determine exactly what conditions must occur before final payment becomes due. Do not assume the opposing party can hold an entire balance indefinitely merely because minor closeout items remain. Do not assume final payment is due if significant contractual conditions remain unsatisfied. The documents control.

Wrongful Termination and Payment

A construction company may be terminated while substantial money remains unpaid.

The contractor may claim:

• The owner breached first
• A progress payment was overdue
• Access was denied
• The owner interfered with the work
• Change orders were unpaid
• The contractor was improperly terminated
• Notice and cure procedures were ignored

The owner may claim:

• The contractor failed to perform
• The work was defective
• The project was delayed
• The contractor abandoned the project
• Payment exceeded the work performed

Termination does not automatically determine who owes money. It can also affect lien deadlines. Review the termination language and dates immediately.

Payment Bonds

A payment bond can fundamentally change the analysis. Bond claims may arise on certain private projects, public projects, and other bonded construction work.

A payment bond can have separate:

• Notice requirements
• Deadlines
• Parties
• Defenses
• Lawsuit requirements

Do not assume ordinary construction lien deadlines apply to every bond claim. Obtain the bond and project documents.

Public construction projects generally involve different statutory payment-bond procedures because public property is not treated like ordinary private property for construction lien purposes. If the project is public, ordinary private-property lien remedies generally do not operate in the same manner.

What If You Missed the Lien Deadline?

Do not assume the debt disappears. A missed lien deadline can eliminate an important security remedy. But depending on the facts, other remedies may remain, such as:

• Breach of contract
• Account claims
• Bond rights
• Settlement rights
• Other appropriate causes of action

Florida lien remedies are generally cumulative with other available remedies, subject to applicable law. The viability of any remaining claim depends on the agreement, parties, evidence, deadlines, and applicable law. Not every unpaid contractor has every remedy.

For broader contract matters, see our Florida Breach of Contract Lawyer page. For more on lien and contract rights from the contractor’s side, see Florida Contractor Not Paid? How to Protect Your Construction Lien and Contract Rights.

Construction Liens and Attorney’s Fees

Florida lien litigation carries meaningful fee exposure. Under section 713.29, Florida Statutes, in qualifying actions to enforce a construction lien, a lien transferred to security, or a claim against a bond under Part I, the prevailing party is entitled to a reasonable attorney’s fee as provided by the statute.

That cuts both ways. Fee shifting can create leverage. It can also create risk. Recording a lien does not by itself mean attorney’s fees will be recovered. Contracts may also contain separate attorney’s fee provisions; see Can You Recover Attorney’s Fees in a Florida Breach of Contract Case?

Before enforcing a lien, evaluate:

• Lien validity
• Notices
• Deadlines
• Licensing
• Amount claimed
• Payments
• Credits
• Back charges
• Defenses
• Collectability
• Litigation cost

Do not record or pursue an inflated lien merely for settlement pressure. Section 713.31 addresses fraudulent liens. Not every disputed amount or clerical error makes a lien fraudulent, but good-faith disputes over change orders, valuation, credits, payments, and retainage require case-specific analysis before an amount is claimed.

Do Not Sign a Broad Release Without Reading It

Payment applications often arrive with lien releases. Read them. Check:

• The amount being paid
• The through date
• Conditional versus unconditional language
• Retainage
• Change orders
• Exceptions
• Pending claims
• Whether payment has actually cleared
• Whether the document releases more than lien rights

Under section 713.20, Florida Statutes, Florida law generally prohibits advance waiver of construction lien rights. But a lien right may be waived, to the extent permitted by the statute, for labor, services, or materials already furnished. A release can be much broader than the payment you believe you are acknowledging. Think carefully before signing an unconditional release for money you have not actually received.

Why a Construction Payment Demand Letter Can Work

A construction payment demand is different from sending the same invoice again. A strong attorney demand can:

• Identify the governing contract
• State the amount actually owed
• Explain the completed work
• Address disputed change orders
• Challenge unsupported back charges
• Address defect allegations
• Address termination
• Identify preserved lien or bond issues where appropriate
• Identify attorney’s fee provisions
• Demand payment
• Establish a response deadline
• Offer a settlement path
• Position the claim for litigation

The letter should not make unsupported threats. Credibility creates more leverage than exaggeration.

If the payment dispute is the owner’s side of a defect claim instead, see our Florida Construction Defect Demand Letter Attorney page.

How the $2,500 Construction Payment Demand Works

1. Submit the Dispute

Provide the construction agreement and core payment records.

2. Attorney Review

Attorney Adam G. Hill reviews the contract, invoices, payment history, change orders, relevant back charges, communications, and core legal issues.

3. Attorney Demand

The firm prepares a strategic written demand explaining the payment position and requested resolution.

4. Client Approval

You review the letter before it is finalized.

5. Delivery

The final demand is sent through appropriate written delivery methods, including Certified Mail and email where appropriate.

6. Follow-Up and Negotiation

The flat fee includes up to one attorney hour after sending for response review, advice, communications, negotiation, and settlement discussions. If further work is required, additional representation requires a separate agreement.

What Documents Should You Provide?

Start with the documents that actually prove the claim. Depending on the dispute:

• Contract, subcontract, or proposal
• Scope of work
• Change orders
• Invoices
• Payment applications
• Account statement
• Retainage records
• Payment records
• Notice of Commencement
• Notice to Owner
• Claim of Lien
• Payment bond
• Lien releases
• Important emails and texts
• Back-charge notices
• Photographs
• Inspection records
• Termination notices
• Completion records
• A short timeline

Do not send hundreds of disorganized documents if a focused set of records tells the story. For additional guidance, see What Evidence Do You Need for a Florida Contract Dispute?

What Happens After the Demand?

The other side may:

• Pay
• Offer partial payment
• Dispute the balance
• Raise defects
• Assert back charges
• Offer a payment plan
• Request settlement
• Retain counsel
• Demand mediation
• Invoke arbitration
• Ignore the demand

The included attorney follow-up hour can be used to evaluate the response and negotiate where appropriate. If the dispute does not resolve, broader representation may be available through a separate agreement.

When the Case Requires Litigation

Some construction payment disputes will not resolve voluntarily. Broader representation may involve breach of contract claims, lien foreclosure, bond enforcement, counterclaims, discovery, depositions, expert issues, mediation, arbitration, and trial.

Whether litigation makes economic sense depends on:

• Amount owed
• Strength of the evidence
• Lien or bond rights
• The contract
• Fee provisions
• Defenses
• Collectability
• Litigation expense
• Client objectives

The demand-letter process can help determine whether broader litigation is warranted. Where a payment dispute is part of a larger commercial conflict, see our Florida Business Litigation Attorney page.

Why Choose Attorney Adam G. Hill?

Attorney Adam G. Hill represents Florida contractors, construction companies, subcontractors, property owners, and businesses in construction disputes. Construction payment clients receive:

• Direct communication with Attorney Adam G. Hill
• Review of the actual construction agreement
• Evidence-focused legal analysis
• Practical evaluation of lien and contract rights
• Strategic attorney demand letters
• Clear flat-fee demand-letter pricing
• Follow-up attorney involvement
• Negotiation options
• Litigation representation where appropriate under a separate agreement

The firm handles construction disputes involving payment, defects, abandonment, change orders, liens, contracts, mediation, arbitration, and litigation throughout Florida. The goal is not simply to threaten a lien or lawsuit. The goal is to determine what rights actually exist and use them strategically.

Frequently Asked Questions About Florida Construction Payment Disputes

What should I do if an owner will not pay me for construction work?

Preserve the contract and project records, calculate any lien or bond deadlines immediately, determine the undisputed and disputed amounts, and obtain legal review before statutory rights expire.

How much is an attorney construction payment demand letter?

For qualifying matters, the Law Offices of Adam G. Hill charges a $2,500 flat fee for the defined demand-letter service described on this page.

Does every contractor need a Notice to Owner?

No. Notice requirements depend on the claimant’s role and contractual relationship with the owner. A contractor in direct privity with the owner is treated differently from lienors who are not.

How long do I have to serve a Notice to Owner?

For qualifying lienors who are required to serve one, Florida law generally requires service before commencing or no later than 45 days after commencing to furnish labor, services, or materials, subject to additional statutory requirements.

How long do I have to record a Claim of Lien?

A qualifying lien generally must be recorded no later than 90 days after final furnishing, subject to statutory qualifications and potentially earlier timing where an original contract has been terminated under the applicable lien-law provision.

Is a Notice to Owner the same as a lien?

No. They are separate statutory documents. Serving a Notice to Owner does not eliminate the separate requirement to timely record a Claim of Lien.

Does filing a lien guarantee payment?

No.

How long does a construction lien last?

A lien generally does not continue longer than one year after recording unless enforcement is timely commenced, but statutory procedures can shorten that period.

What is a Notice of Contest of Lien?

It is a statutory procedure that can generally reduce the lien enforcement period to 60 days after service.

Can I sue even if I missed the lien deadline?

Potentially. Contract or other remedies may remain depending on the facts, although loss of lien rights can materially reduce leverage.

What if the owner claims my work is defective?

Review the alleged defects, repair evidence, contract, scope, inspections, and opportunity to cure. A defect allegation does not automatically eliminate payment rights.

What if the general contractor has back charged me?

Request the contractual and evidentiary basis for each deduction. Back charges should be evaluated individually.

Can I recover unpaid change orders?

Possibly. The answer depends on the contract, authorization, communications, conduct, evidence, and applicable law.

What about retainage?

Review the contract and conditions for final payment. Retainage disputes often involve punch lists, closeout, releases, inspections, and contractual payment provisions.

Can attorney’s fees be recovered?

Possibly. Construction lien enforcement can involve statutory prevailing-party fee rights, and contracts may separately contain attorney’s fee provisions. Fee shifting can also run against the lienor.

Can I file a lien on a public project?

Public projects are governed differently. Payment bond procedures may apply rather than ordinary private-property lien remedies.

Should I sign a lien release to get a partial payment?

Review the release first. The wording, amount, through date, retainage, exceptions, and whether funds have cleared can materially affect your rights.

Should I keep waiting if they promise payment next week?

Do not allow payment promises to make you miss legal deadlines. Continue reasonable negotiations if useful, but calculate lien, bond, contract, and lawsuit deadlines separately.

Does the $2,500 fee include recording a lien?

No. The $2,500 service described here is the attorney demand-letter service. Lien preparation, recording, bond claims, lien enforcement, and litigation require separate evaluation and agreement.

What if the demand does not work?

The firm can evaluate additional negotiation, mediation, arbitration, lien enforcement, breach-of-contract litigation, or another appropriate step under a separate representation agreement.

The Law Offices of Adam G. Hill represents appropriate contractors, construction companies, subcontractors, property owners, and businesses throughout Florida, with offices serving Tampa, Orlando, and Fort Myers.

This page is for general informational purposes only and does not create an attorney-client relationship. Construction-payment rights depend on the contract, parties, notices, project, dates, licensing, lien status, payment bond, releases, damages, defenses, and applicable Florida law.