Posts
Florida Notice of Nonpayment new statutory form required October 1, 2019
/0 Comments/in news /by Antony GoddardUrgent Notice to all Florida Notice to Owner Customers
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.
You can get the new forms here in PDF or Word format, just remember the form is only a template and you will need to customize the form for your own use. The form has spaces for addressing the NNP to the contractor and surety but we recommend modifying the form and copying all parties listed on the original NTO, plus any new parties involved in the project that you are now aware of, and sending the letters by certified mail, return receipt requested.