Direct Answer
A payment bond is a surety bond that helps ensure subcontractors, roofing contractors, laborers, and material suppliers are paid for qualifying labor, services, and materials furnished on a construction project. If a contractor fails to pay an eligible claimant, that claimant may be able to recover from the bond’s surety company, provided the applicable notice and claim requirements are satisfied.
In Florida, a payment bond can change how construction lien rights are enforced. On a qualifying private project, a payment bond furnished under Florida Statutes Section 713.23 can exempt the property owner from many lien claims arising under the direct contract, while providing eligible unpaid parties with a remedy against the bond. Public projects generally use a different framework under Section 255.05 because public property is ordinarily not subject to the same construction lien process as private property.
Who This Applies To
- Commercial roofing subcontractors working under a general contractor.
- Roofing material suppliers furnishing shingles, membranes, insulation, metal panels, and other materials.
- Property owners and developers requiring payment bonds for construction projects.
- General contractors and surety companies handling payment disputes.
1. How Does a Payment Bond Work?
A payment bond generally involves three parties:
- Principal: The contractor responsible for performing the contract and making payments.
- Obligee: The party protected by the bond, commonly the property owner or public entity under the applicable bond.
- Surety: The insurer or bonding company that guarantees the contractor’s covered payment obligations, subject to the bond and applicable law.
For example, a commercial roofing contractor may hire a subcontractor to install a roof membrane and purchase insulation from a supplier. If the contractor fails to pay those parties, eligible claimants may pursue the applicable payment-bond remedy rather than relying exclusively on a construction lien against the property.
2. How Does a Payment Bond Affect Lien Rights?
| Project situation | How the bond affects payment rights |
|---|---|
| Private project with a qualifying bond under Florida Statutes Section 713.23 | The owner may be exempt from many lien claims arising under the direct contract, while eligible unpaid parties may pursue claims against the bond. |
| Public construction project | Claimants generally pursue the statutory payment-bond remedy rather than placing a construction lien on public property. |
| Contractor fails to pay a roofing subcontractor or supplier | The unpaid party may have a claim against the applicable bond if it satisfies the relevant notice, documentation, and deadline requirements. |
| No applicable payment bond | Eligible parties may need to rely on ordinary contractual remedies and, where legally available, construction lien rights. |
Importantly, a payment bond does not automatically eliminate every lien right. The type of project, bond, recording requirements, and statutory compliance determine how the property and bond remedies interact.
3. Florida Private-Project Payment Bonds
Florida Statutes Section 713.23 governs qualifying payment bonds used to protect owners on private construction projects. The statute generally requires a bond in at least the original contract price and requires a copy to be attached to the Notice of Commencement when it is recorded.
For an eligible roofing subcontractor or supplier that is not in direct contractual privity with the contractor, the statute generally requires written notice to the contractor before beginning work or within 45 days after beginning to furnish labor, materials, or supplies. A timely Notice to Owner served on the contractor can satisfy this notice requirement under the statute.
An unpaid claimant must also serve a sworn Notice of Nonpayment on the contractor and a copy on the surety, when required. Under Section 713.23, this notice generally cannot be served later than 90 days after the claimant’s final furnishing of labor, services, or materials. The statute generally requires a bond action to be commenced within one year after the claimant’s performance or final delivery, although a properly served Notice of Contest can shorten the time to file suit to 60 days.
These are important statutory deadlines. The claimant’s role, project records, bond terms, and applicable law should be reviewed before calculating a deadline.
4. Payment Bonds on Public Projects
Florida Statutes Section 255.05 establishes payment and performance bond requirements for many public construction projects, including construction or repairs involving public buildings and public works.
Because a public building generally cannot be treated like privately owned property for construction-lien enforcement, the statutory payment bond provides an important payment remedy for eligible contractors, subcontractors, laborers, and suppliers.
Claimants must comply with the applicable notice requirements. Depending on the claimant’s position in the contracting chain, this can include a notice to the contractor and a sworn Notice of Nonpayment served on the contractor and surety. Deadlines differ in important respects from those applicable to private-project bonds, so the private-project timetable should not be applied automatically to public work.
5. Example: A Roofing Supplier Is Not Paid
Imagine a supplier delivers $30,000 worth of roofing membrane and insulation for a Florida commercial roofing project. The general contractor receives payment from the owner but does not pay the supplier.
- The supplier obtains and reviews the applicable payment bond.
- The supplier verifies which notices are required for its role and the project type.
- The supplier serves required notices within the statutory deadlines and keeps proof of service.
- If payment remains outstanding, the supplier evaluates a claim against the contractor and surety.
- The supplier preserves supporting records, including invoices, delivery tickets, contracts, payment history, and notices.
A payment bond does not guarantee that every claim will be paid. Coverage, claimant eligibility, compliance with notice requirements, the amount unpaid, and other legal issues can affect recovery.
6. What Should Roofing Contractors and Suppliers Verify?
- Whether the project is private or public.
- Whether a payment bond exists and which statute governs it.
- The identity of the contractor and surety.
- Whether the bond is recorded and attached to the relevant Notice of Commencement when required.
- Which notices must be served and who must receive them.
- The deadline for any Notice of Nonpayment and any lawsuit.
- Whether a lien waiver or release has reduced the amount that can be claimed against the bond.
Florida Statutes Section 713.23(5) provides that a lien waiver or release under Section 713.20 also waives and releases the corresponding amount of the claimant’s right to make a claim against a payment bond under Section 713.23. Contractors and suppliers should therefore review releases carefully before signing them.
Bottom Line
A payment bond provides a potential source of recovery when a contractor fails to pay eligible construction participants. On qualifying Florida private projects, a statutory payment bond can shift many lien claims away from the property and toward the bond. On public projects, the payment bond is especially important because ordinary construction liens generally are not available against public property.
Roofing subcontractors and suppliers should identify the applicable bond early, comply with the correct notice requirements, and preserve proof of service and payment records. Because private and public projects follow different statutory rules, consult a Florida construction attorney promptly if a payment dispute arises.
Related Questions
- How does a Notice to Owner protect a roofing subcontractor or supplier?
- What is the difference between a conditional and unconditional lien waiver?
- How does an owner obtain a lien release from a roofing contractor?
Sources
- Florida Statutes Section 713.23 (2026) — Payment bond
- Florida Statutes Section 713.02 (2026) — Liens not permitted in certain cases
- Florida Statutes Section 255.05 (2026) — Bonds for public construction projects
- Florida Statutes Section 713.235 (2026) — Waivers of rights to claim against payment bonds
Last reviewed: October 2026
Related Resources
Learn more about protecting payment rights on Florida roofing projects in how a Notice to Owner protects a roofing subcontractor or supplier.
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This article provides general educational information about Florida construction payment bonds and lien procedures. It is not legal advice or a determination of rights under a particular bond. Verify the governing statute, bond terms, and applicable deadlines with a qualified Florida construction attorney.
