West Palm Beach Construction Bond and Lien Dispute Attorneys

In Florida’s construction industry, bonds and liens play a vital role in protecting the rights of contractors, subcontractors, and suppliers. These legal tools ensure that payment is secured and that projects are completed according to contract terms. However, when disagreements arise over bond coverage, lien validity, or payment responsibilities, they can quickly escalate into complex legal disputes that delay projects and create financial risk.

In West Palm Beach, where construction is thriving across both public and private sectors, disputes involving bonds and liens are particularly common. Contractors may find themselves defending against a lien they believe was wrongfully filed, while subcontractors or suppliers may be forced to take legal action to recover unpaid funds.

The Cunningham Law Firm provides experienced representation for all parties involved in construction bond and lien disputes throughout West Palm Beach and the surrounding Florida communities. Our firm works to resolve conflicts efficiently, protecting clients’ rights, preserving business relationships, and ensuring that projects stay on track.

Understanding how bonds
and liens work, and how Florida law governs them, is the first step toward avoiding costly legal challenges and ensuring fair payment for work performed.

Mechanic’s Liens: Protecting Payment Rights

A mechanic’s lien is one of the most powerful tools available to contractors, subcontractors, and suppliers seeking payment for work or materials provided on a construction project. When properly filed, a lien places a legal claim against the property, preventing its sale or refinancing until the debt is satisfied. For construction professionals in West Palm Beach, mechanic’s liens often arise from a construction payment dispute and serve as the strongest form of leverage to secure overdue payments.

However, Florida lien laws are strict. Missing a single deadline or using the wrong notice form can result in losing your lien rights entirely. Every contractor or supplier involved in construction work should understand these procedural requirements before filing.

The basic steps for filing a mechanic’s lien in Florida include:

Serve a Notice to Owner: Subcontractors, sub-subcontractors, and suppliers must send this notice within 45 days of first providing labor or materials.
Record the Claim of Lien: This document must be recorded in the county where the property is located within 90 days of last furnishing labor or materials.
File a Foreclosure Action: If payment remains unresolved, a lawsuit to enforce the lien must be filed within one year of recording the lien.

Each of these steps requires precision and timely documentation. If the property owner contests the lien, the dispute may lead to litigation, where both sides will need to present detailed evidence of work performed, payments made, and compliance with Florida’s lien statute.

Because Florida’s construction lien laws leave little room for error, working with an experienced West Palm Beach construction bond and lien disputes attorney can make the difference between recovering payment and forfeiting your legal rights. The Cunningham Law Firm helps clients file, enforce, and defend lien claims, ensuring compliance with state law and protecting their financial interests throughout the process.

Construction Bonds: Payment and Performance Protections

In many Florida construction projects, particularly public works, contractors are required to post surety bonds as a condition of performing the work. These bonds serve as critical financial protections for both project owners and subcontractors, ensuring that obligations are met and that payment flows properly down the construction chain.

There are two primary types of construction bonds:

Payment Bonds: These guarantee that subcontractors, suppliers, and laborers will be paid for the work and materials they provide. If the contractor fails to make payment, the surety company may step in to satisfy valid claims.
Performance Bonds: These ensure that the contractor completes the project according to the terms of the contract. If the contractor defaults or fails to perform, the bond provides funds to complete the project or compensate the owner.

In West Palm Beach, payment and performance bonds are frequently required on government and large-scale development projects under Florida’s Little Miller Act (Fla. Stat. §255.05). The law outlines detailed procedures for providing notice, filing claims, and pursuing recovery against the surety.

Common issues that lead to bond disputes include:

Denied or delayed bond claims by the surety company
Disagreements over scope or performance under the contract
Improper or late notice of a claim
Multiple overlapping claims by subcontractors or suppliers
Surety challenges questioning the validity or amount of the claim

Because bond disputes can halt project progress and lead to costly litigation, it is critical to seek legal guidance early. The Cunningham Law Firm assists clients in West Palm Beach and throughout Florida with both filing and defending against bond claims. Our firm helps ensure compliance with statutory notice requirements and works to resolve disputes efficiently to protect clients’ financial and professional interests.

Common Causes of Bond and Lien Disputes

Bond and lien disputes often arise from the same underlying problems that cause payment issues and contract disagreements. In the fast-paced Florida construction industry, these disputes can disrupt projects, strain business relationships, and lead to significant financial losses. Understanding their root causes is essential to preventing escalation.

The most common causes of bond and lien disputes in Florida include:

Unclear or incomplete contracts: Ambiguity about payment timing, scope of work, or performance standards leads to disagreements.
Nonpayment or project delays: When payments stop or milestones are missed, subcontractors and suppliers often turn to liens or bond claims.
Improper or missed notices: Failure to meet Florida’s strict notice deadlines can invalidate a claim or expose a party to liability.
Disputed change orders: Unapproved or undocumented changes in scope frequently lead to withheld payments or contested claims.
Quality or performance issues: Allegations of defective work or incomplete performance can trigger both bond and lien disputes.
Overlapping claims among subcontractors: Multiple claims against the same funds or property can complicate resolution.

In West Palm Beach, where construction projects frequently involve multiple tiers of contractors and complex financing, these issues can quickly escalate. Even minor documentation errors, missed deadlines, or a construction defect can undermine a party’s legal position.

The Cunningham Law Firm helps clients identify and address these issues early. By conducting thorough contract reviews, ensuring proper documentation, and providing strategic legal advice, our firm helps builders, developers, and subcontractors minimize the risks of disputes and protect their rights under Florida law.

Preventing Bond and Lien Disputes

The most effective way to manage construction bond and lien disputes is to prevent them from happening in the first place. In West Palm Beach, where projects move quickly and involve multiple stakeholders, prevention requires strong contracts, consistent communication, and proper legal oversight. By establishing clear expectations and documentation from the beginning, contractors and developers can minimize risks and protect their financial stability.

The Cunningham Law Firm advises clients throughout Florida on practical steps to reduce the likelihood of disputes before they escalate. These measures include:

Use Clear and Comprehensive Contracts: Define payment terms, notice requirements, and bond responsibilities in writing to avoid misunderstandings.
Track and Document All Work: Keep thorough records of labor, materials, change orders, and payments. These records become crucial evidence if a dispute arises.
Understand Florida’s Deadlines: Strict timelines apply to lien notices and bond claims. Missing a single deadline can eliminate your right to recovery.
Communicate Regularly: Maintain open communication between owners, general contractors, subcontractors, and suppliers to resolve issues early.
Review Bond and Lien Language: Ensure that bond agreements and lien provisions comply with Florida law before signing or submitting claims.
Seek Legal Counsel Early: Involve a West Palm Beach construction law attorney before a project begins to identify potential risks and ensure compliance.

Taking these precautions helps construction professionals protect their interests and avoid unnecessary financial loss. The Cunningham Law Firm works with builders, contractors, and property owners to establish proactive strategies that prevent disputes while keeping projects on schedule and within budget.

How The Cunningham Law Firm Helps Clients

When disputes involving construction bonds or liens arise, timely and informed legal action can make all the difference. Since 1985, The Cunningham Law Firm has represented contractors, subcontractors, suppliers, developers, and property owners across West Palm Beach and Florida in complex construction disputes. Our firm combines detailed knowledge of Florida’s lien and bond statutes with decades of practical industry experience to help clients achieve efficient, favorable outcomes.

Each bond or lien dispute is unique, often involving multiple contracts, competing claims, and strict procedural rules. The Cunningham Law Firm provides the focused, strategic counsel needed to navigate these challenges effectively.

Services offered in construction bond and lien disputes include:

Preparing and filing mechanic’s liens in accordance with Florida law
Defending against improper or overstated lien claims
Advising on payment and performance bond compliance
Filing or responding to bond claims under Florida’s Little Miller Act
Negotiating settlements and releases to resolve disputes efficiently
Representing clients in litigation, mediation, or arbitration

Our firm’s client base includes both sides of construction disputes, those seeking to enforce payment rights and those defending against claims. This dual perspective allows The Cunningham Law Firm to anticipate opposing arguments and craft solutions that protect clients’ interests while promoting resolution.

By combining personalized service with a thorough understanding of Florida’s construction bond and lien laws, our firm helps its clients recover what they are owed, defend their reputation, and move forward with confidence.

Additional Legal Services

Disputes over construction bonds and liens are often connected to other areas of construction law. To provide complete support for clients, The Cunningham Law Firm offers representation in a range of related legal matters. our firm’s broad experience allows it to guide clients through every stage of construction projects in West Palm Beach and throughout Florida, from contract negotiation to dispute resolution.

In addition to handling bond and lien disputes, The Cunningham Law Firm also assists clients with:

This comprehensive approach allows clients to address all aspects of their legal needs in one place. Whether you’re drafting a new contract, pursuing unpaid invoices, or responding to a lien claim, The Cunningham Law Firm provides informed, practical legal guidance that protects your business and your bottom line.

With decades of service to Florida’s construction community, our firm has earned the trust of builders, developers, and property owners across West Palm Beach for its commitment to integrity, responsiveness, and results.

Contact The Cunningham Law Firm Today for Your West Palm Beach Construction Bond or Lien Dispute

Bond and lien disputes can threaten cash flow, delay project completion, and lead to costly litigation if not handled quickly and correctly. Whether you need to enforce a lien, respond to a bond claim, or defend against an improper filing, The Cunningham Law Firm provides the skilled legal representation needed to protect your rights.

Serving clients across West Palm Beach and Florida, our firm represents contractors, subcontractors, developers, and property owners in all aspects of construction bond and lien disputes. With a thorough understanding of Florida’s strict notice and filing requirements, our firm helps clients pursue efficient and effective resolutions that keep projects moving forward.

To discuss your situation with an experienced West Palm Beach construction bond and lien disputes attorney, contact The Cunningham Law Firm today at (561) 833-6400 or connect with us online to schedule a consultation.

Frequently Asked Questions

What deadlines control a Florida mechanic’s lien dispute in West Palm Beach?

Deadlines are strict, and missing even one can derail your claim and any later litigation. For many subcontractors and suppliers, the Notice to Owner must be served within a set timeframe after first furnishing labor or materials on the construction project. Recording the Claim of Lien in Palm Beach County must also occur within a specific number of days after last work, and you must file suit within a defined period to enforce it. We track every date tied to your lien to avoid fatal errors during a dispute in Florida courts. When a bond is involved instead of a lien, different notice and suit deadlines apply under Florida statutes governing bonds. Our attorney team builds a deadline calendar from your invoices, delivery tickets, pay apps, and correspondence to keep your West Palm Beach claim on track.

How do bond claims work on public projects in Florida, and why do they matter in litigation?

Florida public work frequently requires payment and performance bonds, which shift payment risk to a surety. If you are unpaid, a properly noticed bond claim can lead to recovery without recording a lien, since public property in West Palm Beach is not lienable. Bond disputes often turn on notice content, timing, and compliance with contract conditions precedent. In litigation, we marshal proof of labor, materials, scope changes, and payment history to show the bond must respond. Surety defenses can include late notice, unpaid back charges, or scope disputes, so we prepare the record early. Our construction attorney team uses Florida bond law to press for timely payment or negotiated resolution.

Can a Florida construction lien be transferred to a bond, and how does that impact the dispute?

Yes, an owner or contractor can transfer a recorded lien to a bond posted with the clerk, which moves your security from the property to surety funds. In practice, this often improves liquidity for the owner while preserving your claim during litigation in West Palm Beach. The bond amount must meet statutory calculations, and we review the registry and bond paperwork to confirm proper coverage. Once transferred, your enforcement action proceeds against the bond rather than the property, but proof of entitlement remains the same. We examine notices, pay apps, change orders, and scheduling impacts to quantify your Florida construction dispute. Our strategy aims to leverage the bond to drive settlement or position your case for trial.

What distinguishes a payment bond claim from a mechanic’s lien claim in Florida, and how do I know which one applies to my situation?

In Florida construction law, a mechanic’s lien allows contractors, subcontractors, laborers or material suppliers to place a lien on the improved property when they haven’t been paid, whereas a payment bond claim often arises on public or bonded projects (or when a property owner requires a bond) and allows the claimant to pursue the surety for payment. The key difference is the underlying contract and project type: if work is done on private property, a lien may be appropriate; if the property is public (government) or the contract requires a payment bond, then bond claim procedures apply. The Cunningham Law Firm will review your contract, project documentation, and whether a bond exists (or notice requirements for lien rights) to determine the correct path. Each route has strict deadlines, notice and filing requirements under Florida statute, and missing any step may forfeit your rights. Acting early and with proper legal counsel ensures you choose the correct claim type and meet all procedural prerequisites. This helps maximize your chance of recovery and avoids unnecessary delays or missteps.

What are the consequences of improperly filing a lien or bond claim (for example, late filing or deficient notice) on a Florida construction project?

Improper filing of a lien or bond claim can result in your claim being invalidated and you losing your right to recover payment, which can have serious financial repercussions. Florida law imposes strict statutory timelines, notice requirements (such as preliminary notice or notice of intent to lien), and exacting procedures for filing and serving the lien or bond claim. Failure to comply can void the lien, and the property owner or surety may challenge the claim and potentially recover legal fees. The Cunningham Law Firm emphasizes that delinquent contractors or suppliers face not only lost payment but also reputational harm and increased risk of being excluded from future projects. In addition, if you file a lien wrongfully or without basis, there may be counterclaims or penalties. Consulting experienced counsel early reduces procedural risk and helps ensure your claim is timely, properly documented and defensible.

How can I protect my subcontractor clients or supplier business from being left unpaid when a general contractor becomes insolvent or refuses to pay in a Florida construction project?

To protect subcontractors or suppliers, start with strong contracts that include clear payment terms, retainage provisions, right to stop work, and lien/bond notice rights. Periodically monitor the financial health of the general contractor and project owner, request payment bond information if applicable, and ensure you track change orders and project milestones that impact payment. The Cunningham Law Firm also recommends preserving your documentation: contracts, invoices, delivery receipts, inspection approvals, correspondence about payments, lien notices served. When you suspect non-payment risk, serve your preliminary notice (if applicable in the project) and consider preparing your lien or bond claim in advance. It may also help to negotiate contract terms that allow you to get paid directly or reduce your exposure if the contractor becomes insolvent. Early intervention and a proactive strategy often increase the likelihood of full payment and may prevent your business from bearing the loss.

When should I involve an attorney in a construction bond or lien dispute in West Palm Beach?

The best time is before a deadline is missed, because Florida lien and bond rights are unforgiving. We step in to audit contract terms, lien or bond notice requirements, and project documentation so you can avoid unforced errors. Early involvement also helps us shape communications with the owner, contractor, surety, or subcontractors to protect your position if litigation follows. If you are facing nonpayment, competing liens, or a surety denial, we can quickly assess leverage and next steps for your construction dispute contact us for more information about your case.

Additional Information in West Palm Beach, Florida

The Florida Senate - Chapter 713, Part I: Construction Liens: Explains the SBA program that guarantees bid, performance, and payment bonds for small businesses that might not otherwise qualify. In a construction bond or lien dispute, this information is helpful because it shows how small contractors can secure bonding support to meet project requirements or resolve disputes. It also clarifies how surety bonds work to guarantee payment and performance obligations, ensuring subcontractors and suppliers are protected. For contractors, understanding this program can help demonstrate financial responsibility or compliance with bonding requirements. For subcontractors, it provides insight into how they can recover payment through a bond claim rather than relying solely on a lien. Overall, this page helps both parties understand how surety bonds provide financial protection and a path to resolution in construction payment disputes.

Palm Beach County Clerk & Comptroller - Transfer of Lien to Bond : Outlines how a recorded construction lien can be transferred from real property to a bond or cash deposit. In a construction dispute, this process is significant because it allows property owners or contractors to remove the lien from the property while maintaining the claimant’s right to pursue recovery through the bond. For subcontractors or suppliers, it explains how their lien rights transition to a bond claim and what steps they must take to enforce it. For contractors and property owners, it provides a legal tool to free the property from encumbrances, helping prevent delays in sales or financing. It also clarifies procedural steps and documentation needed to complete the transfer. This resource is crucial for understanding how lien and bond claims interact in the dispute resolution process.

U.S. Small Business Administration - Surety bonds: Section of Florida law sets out the rules governing construction liens, including who can file, when, and how liens must be enforced. It explains the notice, filing, and timing requirements that must be followed for a lien to be valid. In a bond or lien dispute, this statute defines the legal rights and responsibilities of contractors, subcontractors, and property owners. It also details how payment and performance bonds interact with liens, including how a lien can be transferred to a bond. Understanding these rules helps determine whether a lien or bond claim has been properly handled and is enforceable. This statute provides the legal foundation for resolving disputes involving unpaid work, improper liens, or bonded obligations

Contact Us

Address:

250 South Australian Avenue, Suite 701,
West Palm Beach, FL, 33401

Email:

FMCUNNI@CUNNINGHAMLAW.COM

Phone:

(561) 833-6400