West Palm Beach Construction Payment Dispute Attorney

In Florida’s fast-moving construction industry, payment delays and disputes are an unfortunate reality. Whether you are building a residential development, managing a public infrastructure project, or supplying materials for a commercial site, late or missing payments can disrupt cash flow, stall progress, and create serious financial strain. For contractors, subcontractors, and property owners in West Palm Beach, these challenges can escalate quickly if not handled with proper legal support.

Payment issues can occur at any stage of a construction project. Developers may face delays from lenders or investors. General contractors might wait for approval of change orders or inspection results before issuing payment. Subcontractors and suppliers, often working with limited margins, feel the impact most severely when funds don’t flow down the chain as planned.

The Cunningham Law Firm helps builders, developers, and property owners throughout West Palm Beach and across Florida resolve complex payment disputes. With decades of construction law experience, our firm understands the financial pressures and contractual challenges facing industry professionals and provides the legal tools needed to recover payment, enforce contracts, and maintain business stability.

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Common Causes of Payment Disputes

Payment problems in construction projects rarely arise from a single issue. More often, they stem from a combination of unclear agreements, shifting project conditions, or communication failures. In West Palm Beach, where construction involves multiple parties, from owners and contractors to subcontractors and suppliers, any disruption at the top can quickly ripple through the entire project chain — especially when contract negotiation and payment terms are not clearly defined. Some of the most common causes of payment disputes in Florida include:

Unclear contract terms: Missing or vague language about payment schedules, retainage, or milestones can lead to confusion and disagreement.
Scope changes: Disputes over additional work, change orders, or modifications to project plans often result in withheld payments.
Financing delays: Owners or developers may experience delays in receiving funds from lenders, which slows payments downstream.
Quality or performance concerns: Clients may withhold payment due to dissatisfaction with workmanship or incomplete deliverables.
Pay-when-paid or pay-if-paid clauses: These contract provisions can delay payments to subcontractors when general contractors haven’t yet been paid.

Because Florida construction projects often involve multiple layers of responsibility, identifying the source of a payment problem requires careful legal and contractual analysis. Even small disputes, if not addressed promptly, can escalate into major financial and scheduling challenges. Warning signs that payment issues may be developing include:

Repeated missed or late payments from the general contractor or project owner
Ongoing disagreements over completed work or change orders
Requests to delay invoicing or adjust payment schedules without documentation
Reduced or partial payments without clear explanation
Sudden financing issues or communication breakdowns between project participants

When these signs appear, it’s important to seek guidance from an experienced West Palm Beach construction payment attorney before the situation worsens. Early legal intervention can preserve relationships, clarify obligations, and prevent long-term disputes.

Florida Laws Protecting Contractors and Subcontractors

Florida law provides several protections to ensure that those who perform work or supply materials on a construction project are paid fairly and on time. For contractors, subcontractors, and suppliers in West Palm Beach, understanding these laws is essential to protecting cash flow and maintaining project momentum. One of the most important legal safeguards is the Florida Prompt Payment Act, which requires that payments on both public and private construction projects be made within specific timeframes once work has been completed or invoices have been approved. The Act also imposes interest penalties on parties who fail to pay promptly. Under the Prompt Payment Act:

Private projects typically require payment within 14 days after work has been approved or an invoice is received.
Public projects generally require payment within 25 days after receipt of a proper payment request.
Late payments may accrue interest, and contractors have the right to suspend work under certain conditions if payments are not made.

In addition to statutory payment rights, contractors and suppliers in Florida can protect themselves through mechanic’s liens, which serve as a legal claim against the property for unpaid labor, services, or materials. These liens are among the most effective tools for ensuring payment compliance. Key legal protections for construction professionals in Florida include:

The right to file a mechanic’s lien against a property where work was performed
The ability to recover interest and penalties for late payments
The right to suspend or terminate work in some cases when payment obligations are not met
The option to file a breach of contract or quantum meruit claim for unpaid work

Because strict notice and filing deadlines apply to lien claims and payment actions, working with an experienced West Palm Beach construction payment lawyer helps ensure that your rights are preserved under Florida law.

Mechanic’s Liens and Enforcement in Florida

Mechanic’s liens are one of the most powerful remedies available to construction professionals in West Palm Beach who have not been paid for their work. A properly filed lien places a legal claim against the property where the labor, materials, or services were provided, preventing its sale or refinancing until the dispute is resolved. In some cases, these matters evolve into a construction bond-lien dispute, requiring careful legal analysis to determine each party’s rights and obligations. The process, however, is highly technical. Florida law requires specific forms, notices, and deadlines that vary depending on the role of the party filing the lien. Missing even one requirement can render a lien invalid. Basic steps for filing a mechanic’s lien in Florida include:

Notice to Owner: Subcontractors, sub-subcontractors, and suppliers must generally serve a Notice to Owner within 45 days of starting work or delivering materials.
Recording the Lien: The lien must be recorded in the county where the property is located within 90 days of last providing labor, materials, or services.
Notice of Contest: Property owners may contest the lien, shortening the time to file a lawsuit to 60 days.
Foreclosure Action: If payment remains unresolved, the lienholder may file a foreclosure action within one year of recording the lien.

Mechanic’s liens can secure payment for:

Unpaid labor or materials
Equipment rentals and related services
Interest and legal costs associated with collection efforts

Because lien law is complex, many contractors and suppliers in West Palm Beach rely on legal counsel to prepare, record, and enforce their liens properly. The Cunningham Law Firm assists clients on both sides of lien disputes, helping unpaid parties enforce their rights and defending property owners or developers when liens are improperly filed. Prompt, accurate action can make the difference between recovering payment and losing valuable legal rights. Working with a knowledgeable Florida construction payment attorney ensures compliance with the law and provides the leverage needed to achieve a fair resolution.

Preventing Payment Issues Before They Arise

The best way to handle payment problems is to prevent them before they start. In West Palm Beach’s competitive construction market, where multiple parties work together under tight timelines, prevention comes down to preparation, documentation, and communication. By clearly outlining payment expectations and maintaining proper records, contractors and property owners can minimize disputes and maintain healthy working relationships. The Cunningham Law Firm encourages clients to take proactive steps to reduce the likelihood of payment delays and disagreements. These include:

Use Clear and Detailed Contracts: Specify payment amounts, timelines, retainage, and penalties for late payment. Avoid vague or open-ended terms.
Establish a Defined Payment Schedule: Tie payments to verified milestones, inspections, or progress reports.
Require Timely Change Order Approvals: Document and authorize all modifications in writing before starting additional work.
Maintain Consistent Communication: Keep open lines of dialogue between owners, contractors, and subcontractors to address problems early.
Track and Document Everything: Save copies of invoices, delivery receipts, correspondence, and inspection reports.
Seek Legal Review of Agreements: Have an experienced Florida construction law attorney review contracts before signing to ensure compliance and protection.

For builders and developers, preventive legal planning saves money and avoids the stress of late payments or litigation. For subcontractors and suppliers, it provides leverage and security in an industry where cash flow is critical. By working with a knowledgeable West Palm Beach construction payment attorney from the outset of a project, clients can establish strong legal and financial safeguards that minimize future risk.

How The Cunningham Law Firm Helps Clients

When payment disputes arise, swift and strategic legal action can protect your business and preserve professional relationships. Since opening in 1985, The Cunningham Law Firm has provided reliable, results-oriented representation for clients involved in Florida construction disputes. Our firm represents contractors, subcontractors, suppliers, developers, and property owners in West Palm Beach and throughout Florida, helping them recover payment or defend against wrongful claims. Our firm understands that every payment issue is unique and that a tailored approach is essential. Some disputes can be resolved through negotiation, while others require formal legal action. The Cunningham Law Firm carefully evaluates each situation to determine the most effective strategy. Services provided for construction payment disputes include:

Contract drafting and review to ensure enforceable payment terms
Lien preparation and filing to secure payment rights
Negotiation and mediation to resolve conflicts efficiently
Litigation and arbitration for contested claims
Defense against improper or fraudulent lien filings
Advising on compliance with Florida’s Prompt Payment Act and other applicable laws

Our firm’s deep understanding of Florida construction law enables it to protect clients’ financial interests while maintaining professionalism and efficiency. Whether you are seeking to collect unpaid invoices, enforce a lien, or defend against one, The Cunningham Law Firm offers the practical guidance and representation necessary to achieve favorable results. By combining legal knowledge with industry insight, our firm helps construction professionals and property owners in West Palm Beach navigate payment disputes while keeping their projects and businesses moving forward.

Additional Legal Services

Payment disputes are just one of the many legal challenges that arise during construction projects in West Palm Beach and throughout Florida. Because construction law issues often overlap, The Cunningham Law Firm offers a full range of related services to support builders, developers, and property owners from the planning stage through project completion. In addition to handling payment disputes, our firm provides legal representation in areas such as:

By offering comprehensive legal support across these interconnected practice areas, The Cunningham Law Firm helps clients manage risks, resolve conflicts, and protect their financial interests throughout every phase of construction. Whether you’re drafting a new contract, responding to a defect claim, or pursuing unpaid invoices, our firm’s experience ensures that your matter is handled with precision and care. With decades of experience in Florida’s construction industry, The Cunningham Law Firm understands the importance of timely, thorough, and practical legal solutions. Clients across West Palm Beach turn to our firm for consistent results and a commitment to protecting what matters most, like their projects, their reputation, and their bottom line.

Contact The Cunningham Law Firm Today for Your West Palm Beach Payment Issue

If you are facing payment delays, disputes, or non-payment in a construction project, taking action early can protect your rights and prevent financial loss. The Cunningham Law Firm provides experienced representation for contractors, subcontractors, developers, and property owners dealing with payment challenges throughout West Palm Beach and Florida. Whether your issue involves delayed invoices, withheld retainage, or unresolved lien claims, our firm can help you assess your options, enforce your rights, and pursue the compensation you are owed. Each case is handled with attention to detail, practical strategy, and a clear understanding of Florida’s construction laws.

Don’t allow payment problems to jeopardize your project or your business. Contact The Cunningham Law Firm today at (561) 833-6400 or connect with us online and schedule a consultation with an experienced West Palm Beach construction payment attorney.

Frequently Asked Questions

How do Florida prompt payment laws affect our strategy in a payment dispute with a public entity?

Florida has detailed statutes setting due dates, interest, and retainage timing for public construction, which can change the pressure points in a dispute. We analyze which provisions apply to your city or county project in West Palm Beach and whether undisputed sums must be released immediately. That informs how we structure notices, certified demands, and mediation options before considering litigation. Our attorney team also coordinates with accounting to calculate statutory interest that accrues during nonpayment. When a public owner delays closeout, we use project checklists to push punch lists, retainage release, and final pay applications under Florida requirements. This approach helps move money while we preserve rights if litigation becomes necessary on your construction matter.

What should contractors and suppliers do to preserve lien rights during a construction payment dispute in Florida?

We calendar every lien related deadline, starting with Notice to Owner and running through recording and foreclosure windows. Proper notices and timely filings are essential because a defective or late claim can undermine a payment dispute in West Palm Beach. Our attorney team prepares forms carefully, verifies legal descriptions, and coordinates service to avoid avoidable challenges. We also evaluate bonding options or transfers to bond when an owner needs title cleared while issues are resolved. These steps preserve leverage in negotiations and position you to pursue recovery if litigation is filed in Florida courts. By keeping statutory boxes checked, we strengthen the overall strategy for your construction claim.

How do we keep cash flowing while we fight a construction payment dispute in West Palm Beach?

We push for release of undisputed amounts, enforce pay down the chain obligations, and use interest accrual to motivate timely payment under Florida law. Where appropriate, we integrate lien or bond claims to secure funds without stalling active work. Our attorney team builds a document set that supports partial payments, change order approvals, and milestone verification for your construction project. If the account stalemates, we use targeted demands and mediation framing to unlock progress without immediately filing litigation. We also coordinate with your surety and insurers to ensure compliance and preserve coverage during the dispute. This focus on practical steps helps stabilize operations in West Palm Beach while we pursue the full amount due.

What immediate steps should a subcontractor take when a payment is withheld without proper documentation?

First, review the contract to confirm the payment terms, milestones, retainage, and any conditions precedent to payment (such as inspection or owner approval). Next, send a formal written demand or notice of non-payment referencing the contract terms and your work delivered. At the same time, preserve all documentation: invoices, delivery receipts, approved change orders, communications requesting payment or advising of non-payment. Under Florida’s Prompt Payment Act and lien laws, you may have strict deadlines to protect your rights. Then consult a construction attorney to assess the viability of filing a mechanic’s lien, bond claim (if public work), or breach of contract action. Early legal intervention can keep your cash-flow moving and avoid your business getting stuck waiting.

Can a developer or general contractor suspend work if a subcontractor claims non-payment?

Yes, depending on the contract terms and applicable Florida law, a developer or general contractor may have the contractual right to suspend work if payments are not forthcoming or required conditions aren’t met. However, such suspension may expose them to claims from the subcontractor for delay, additional costs, or breach if the subcontractor isn’t at fault. Florida’s statutes governing payment obligations and lien rights create a complex environment—so any suspension must comply with notice requirements and preserve rights under the contract. A skilled construction law attorney will review the contract to verify whether the suspension clause was properly invoked, whether notices were timely served, and whether the underlying payment dispute was justified. Good practice also involves documenting the payment default, giving the subcontractor an opportunity to cure (if required), and ensuring jobsite safety and property preservation. If the suspension is mishandled, the developer or GC may risk litigation or lien exposure themselves.

How does the mechanic’s lien process differ for a supplier vs. a subcontractor in Florida?

In Florida, both suppliers and subcontractors have rights to file a mechanic’s lien when unpaid, but the notice and filing deadlines can differ depending on their role and when they furnished labor or materials. A subcontractor generally must timely serve a Notice to Owner if required and file the lien within the statute’s timeline, whereas a material supplier may have different notice requirements and can be subject to stricter deadlines if they are further down the supply chain. Because Florida’s lien laws are very technical, missing even a single deadline or using the wrong form can invalidate your lien rights entirely. A construction attorney will review your role, the contract chain, your notices, and the jurisdictional requirements to determine whether you still have lien rights and how to enforce them. If the project is public, liens may not be available and a payment bond claim may instead apply under the Little Miller Act. In all cases, early legal review gives you the best chance of preserving your rights to payment, interest and enforcement.

When do we recommend escalating a Florida construction payment dispute to court?

If a counterparty ignores statutory timelines, withholds retainage without cause, or refuses to release undisputed sums, litigation can be the most effective path. We balance filing against lien foreclosure windows, bond claim deadlines, and project schedules in West Palm Beach. Our attorney team drafts focused pleadings aimed at fee shifting where available, which can materially change negotiations. We still use mediation strategically, but court pressure often converts stalled positions into workable numbers on a construction matter. If you are ready to move forward, you can quickly contact us to align a filing plan with your business goals and cash flow.

Additional Information in West Palm Beach, Florida

The Florida Senate - Chapter 713 LIENS: This statute (Title XL, Real and Personal Property) sets out rules for construction‐liens in Florida--including who can file them, when, for what amount, how they are recorded, how long they last, and how they can be discharged or enforced. In a payment dispute case this is extremely useful because if you are a subcontractor or supplier who was not paid, you need to know whether you can file a lien under Chapter 713, what deadlines apply (for example the “final furnishing” date) and how to preserve your rights. Conversely, owners or general contractors can use it to check whether lien notices or enforcement procedures were properly followed by the claimant (which can affect the validity of the lien). Also this statute includes rules on transferring liens to bonds, waiver of liens, lien duration, discharge of lien and payment on construction contracts. In a dispute, you can rely on Chapter 713 to show that payment hasn’t been made (if claimant can file) or to challenge a lien that was improperly filed. Finally, it provides a legal “hammer” whereby unpaid parties may compel payment via a lien, or owners may require compliance with the statutory framework before paying further.

Palmetto Surety Corporation - How to Transfer Bonds in Florida Quickly & Efficiently: This page provides guidance on how to transfer a construction lien to a surety bond or cash deposit (under Florida statute § 713.24) to clear a property from lien encumbrances. In the context of a payment dispute, if a property owner or general contractor wants to avoid a lien blocking financing, sale or other moves, they may offer or require a transfer bond to remove the lien from the property while preserving the claimant’s rights against the bond instead. The guide helps explain how this process works, what the bond amount might look like, and what documentation is required. It therefore can assist you either by offering the option of resolving a dispute by bonding off a lien, or by assessing whether a claimant accepting a bond might shift their ability to enforce a claim. It also shows how the creditor / claimant must act—e.g., amending their lien claim to assert a direct claim against the bond within a year. All of this can factor into settlement strategy, lien‐avoidance tactics, or defense against improper encumbrances.

Florida Department of Transportation - District Estimates: This page offers access to contract payment and adjustment reports (for contractors or vendors) under FDOT, including vendor payment history, monthly estimate reports posted via FTP and district estimate data. In a payment dispute scenario—especially if the dispute involves a contractor or subcontractor working on a state or federally‐funded highway/transportation contract in Florida—this page helps you track whether payments (estimates) have been processed, what amounts have been paid, and whether adjustments or non‐payments have occurred. That data supports your claim (if you say you were not paid) or defense (if you contend payment was made) with documentary evidence of what the owner/agency has done. It also gives you insight into timing of payments, possible delays, and helps you quantify outstanding amounts or disputed line items. Lastly, if you’re trying to leverage the payment records in negotiations or in presenting your position, having apples‐to‐apples data from FDOT strengthens your factual basis.

Contact Us

Address:

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

Email:

FMCUNNI@CUNNINGHAMLAW.COM

Phone:

(561) 833-6400