For private property to be exempt from construction liens, a contractor must furnish a payment bond for at least the original contract price prior to the start of construction. The bond must be referenced in the Notice of Commencement and a copy of the bond must be attached to the Notice of Commencement when it is recorded. However, if the payment bond exists but was not attached at the time of recordation, the bond may be used to transfer any recorded lien of a lienor, except that of the contractor, by the recordation and service of a notice of bond. The notice requirements of s. 713.23 apply to any claim against the bond, but the time limits for servicing required notices shall begin running from the later of the time specified in s. 713.23 or the date the notice of bond is served on the lienor
The contractor, owner, or surety must furnish a true copy of the bond to any lienor upon demand. Failure or refusal to furnish a true copy of the bond without justifiable cause may
2. Conditional Payment Bond / Payment on Account / Demand for Copies
2. CONDITIONAL PAYMENT BOND. If the contractor has furnished a Conditional Payment Bond, the surety's liability is dependent upon whether the owner has paid the contractor for the work done.
This means that in a dispute with the owner and the contractor, a lienor will not be able to sue the surety unless the owner has already paid the contractor for the lienor's work. A Conditional Payment Bond must state on its face that it only covers claims to the extent that the contractor has been paid.
An owner has 90 days to record a Certificate of Payment to the Contractor after a claim of lien has been recorded. If the contractor disputes the payment, the contractor has 15 days to record a Notice of Contest of Payment. An owner or contractor who makes any material misstatements in the Certificate of Payment or in the Notice of Contest of Payment may be guilty of a third degree felony.
3. PAYMENT ON ACCOUNT. The owner, contractor, subcontractor or sub-subcontractor must des
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