The Little Miller Act protects Florida construction subcontractors and suppliers from public principal default. The federal law requires the use of payment bonds and performance bonds as financial guarantees.
Payment bonds provide payment to all entities involved with the project regardless of default. Performance bonds ensure construction contractors fulfill contract agreements. Florida’s enforcement of the Little Miller Act has strict procedures and requirements for claims, and below is an overview of the process.
Identify Preliminary Notice Requirements
Subcontractors or suppliers must notify the general construction contractor, the public entity, and the surety company within 20 days of beginning the project or supplying materials. This notice establishes a right to payment protection under the Florida Little Miller Act claim, including the intent to file a claim.
Obtain Bond Information
General contractors and public entities must file a payment bond. Subcontractors and suppliers should obtain copies of the bond information, which includes three key pieces: bond terms, amount covered, and name of the issuing surety.
Serve a Stop Notice
Under the Florida Little Miller Act, subcontractors or suppliers can serve a stop notice to public entities as soon as payment problems arise. The provision prevents funds from being disbursed until the conflict is resolved.
File a Claim Against the Payment Bond
Federal law allows construction subcontractors or construction suppliers to submit a claim against the payment bond within 90 days after the last work was performed or materials delivered. The claim must be filed with the surety company with a copy of the construction contract, including the materials or services rendered and the amount owed.
File a Lawsuit to Enforce the Claim
Surety companies may deny claims, but contractors can pursue legal action. Lawsuits must be filed within six months after project completion and accepted by the public entity.
Navigating the requirements of a lawsuit can be overwhelming, particularly when matched with short timelines. To exercise your full rights under the Florida Little Miller Act, contact the attorneys at National Lien & Bond. We’ve represented clients throughout Florida and nationwide and have obtained over $9 billion across 30,000 liens for thousands of clients. Take advantage of our unparalleled national network and contact us today to resolve your construction contract disputes.
Frequently Asked Questions
What is the Florida Little Miller Act?
Florida's Little Miller Act (Fla. Stat. § 255.05) is the state's public-works payment bond statute, modeled on the federal Miller Act (40 U.S.C. §§ 3131-3134). Because mechanics liens cannot attach to publicly-owned property in Florida, the legislature requires the prime contractor on every Florida public construction project over the statutory threshold to post a payment bond before commencing work. The bond protects unpaid subcontractors, suppliers, and laborers — they can sue the surety directly on the bond if they go unpaid. National Lien & Bond pursues Little Miller Act bond claims for unpaid contractors on Florida public works.
Who can recover under the Florida Little Miller Act?
Under Fla. Stat. § 255.05(1), every person who furnishes labor or materials to a Florida public construction project — and who has a direct contractual relationship with the prime contractor or a first-tier subcontractor — may recover on the prime contractor's payment bond. This includes first-tier subcontractors, second-tier sub-subcontractors, material suppliers, equipment lessors, and laborers. Third-tier and more remote claimants are typically barred from bond recovery (a federal Miller Act parallel). If your only contractual relationship is with a third-tier or lower sub, your bond rights may be limited.
What is the deadline to file a Florida Little Miller Act claim?
Under Fla. Stat. § 255.05(2), sub-tier claimants must serve written notice on the prime contractor and surety within 45 DAYS after the date the claimant first started work or first delivered materials. The notice must state that the claimant is on the project and looking to the bond for payment. Suit on the bond must then be commenced within ONE YEAR of the last furnishing of labor or materials under § 255.05(10). Both deadlines are strict — late notice or late suit bars recovery on the bond.
How do I find the payment bond on a Florida public works project?
Florida public agencies are required to make payment bonds available for inspection by potential claimants. Submit a written request to the contracting agency (the awarding public body) identifying the project and asking for a copy of the prime contractor's payment bond. The bond will identify the surety company, bond amount, and prime contractor — all required information for the 45-day notice. Many Florida claimants miss the 45-day deadline because they cannot identify the surety in time. Practical recommendation: request the bond as soon as you start work, not when you have a payment dispute.
Can I recover attorney's fees under the Florida Little Miller Act?
Yes — under Fla. Stat. § 255.05(8), the prevailing party in any action to recover under the Florida Little Miller Act is entitled to reasonable attorney's fees. This is one of the strongest fee-shifting provisions in Florida construction law and makes Little Miller Act claims economically viable that would not justify litigation under the American Rule. The fee-shifting cuts both ways: claimants that bring frivolous claims may be required to pay the surety's fees.
What is the difference between Florida Little Miller Act and the federal Miller Act?
The Florida Little Miller Act (Fla. Stat. § 255.05) covers Florida state and municipal public works projects. The federal Miller Act (40 U.S.C. §§ 3131-3134) covers FEDERAL public works projects worth over $150,000 — federal courthouses, military bases, VA hospitals, etc. The two are mutually exclusive — a project is either federal or state, never both. The deadline structures are similar: 45 days for FL Little Miller notice vs 90 days for federal Miller Act; 1 year suit deadline for both. National Lien & Bond pursues both Florida Little Miller Act and federal Miller Act bond claims.
How does National Lien & Bond help with Florida Little Miller Act bond claims?
National Lien & Bond pursues Florida Little Miller Act payment bond claims for unpaid contractors, subcontractors, suppliers, and equipment lessors on Florida public construction projects. For Illinois-based engagements, Hal Emalfarb's firm at Emalfarb Swan and Bain handles strategic coordination. For Florida-jurisdiction matters, NLB connects claimants with vetted Florida construction-payment attorneys who handle the 45-day notice service under § 255.05(2), bond identification, and bond foreclosure suit under § 255.05(10). NLB's 50-state deadline-tracking system prevents the missed-deadline forfeitures that cause most Florida Little Miller Act losses. Contact NLB for a free initial consultation.