Urgent Notice to
Subs & Suppliers
On June 7, 2019, Governor DeSantis signed HB 1247 (Chapter 2019-94, Laws of
Florida). The bill mandates a new statutory form for a Notice of Nonpayment on
both public and private bonded projects.
In order to preserve and protect your right to a claim against a payment bond,
beginning October 1, 2019, YOU MUST USE THE NEW STATUTORY FORM! Failure
to do so could severely impact your ability to have a bond claim in the event you
are not paid.
What has changed? The new Notice of Nonpayment has more detail about what
you are owed, what you have been paid, and what you may be expecting to be
paid in the future on the job. It is a SWORN statement that carries penalties if you
knowingly and willfully make fraudulent statements, including loss of your bond
rights.
What is considered fraudulent? Willfully exaggerating the amount due, willfully
including a claim for work not performed or materials not furnished, or preparing a
notice with such willful or gross negligence as to amount to a willful exaggeration
would be considered fraudulent.
What is not considered fraudulent? A minor mistake or error is not fraudulent,
and the negligent inclusion or omission of any information that did not prejudice
the contractor or the surety (as determined by a court) is not fraudulent.
The new statutory form can be found on the reverse side of this Alert.
SEPTEMBER 2019 • DITCHMEN
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