QUICK NOTE: TIMING TO SUE PUBLIC PAYMENT BOND FOR RETAINAGE ON PUBLIC CONSTRUCTION PROJECTS

imagesYou are a subcontractor (or sub-subcontractor) on a public construction project.  The general contractor has a public payment bond per Florida Statute s. 255.05.  You finished your scope some time ago but you are still owed retainage.  When do you sue for retainage?  There is a statutory retainage exception that governs the timing of when to sue for retainage.  Check out this article for the applicable statutory language regarding the retainage exception.  Timing is important to ensure that you do not prematurely sue for retainage or, worse, sue for retaiange after the statute of limitations expired.  

 

Please contact David Adelstein at dadelstein@gmail.com or (954) 361-4720 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1.