Unpaid by a Subcontractor? Get Clear Legal Guidance From KEW Legal

A subcontractor payment dispute is a disagreement over whether money is owed for work done on a project, or whether that work was complete and right. When you need a subcontractor payment dispute attorney Miami-Dade businesses can consult, the contract is the first thing to review. The contract, the invoices, and the notices you’ve exchanged show where the answer starts. Disputes like this are about paperwork, timing, and money all at once. KEW Legal is a Florida business law firm with offices in Coral Gables and Sunny Isles Beach. The firm focuses on business and commercial matters, including vendor and contract disputes, for owners and investors across Miami-Dade and South Florida.

What a Subcontractor Payment Dispute Is

A subcontractor payment dispute is a conflict over money tied to a subcontract, purchase order, or change order. Often the subcontractor says the work is finished and it wants payment. The general contractor may say the work was incomplete, defective, or outside the agreed scope.

This page is written for general contractors, subcontractors, trade businesses, developers, and property owners in Miami-Dade and Broward County. Common triggers include:

• Retainage, the part of each payment held back until the job closes out.
• Disputed change orders, where the price or scope of extra work is unclear.
• Pay-when-paid or pay-if-paid clauses, which tie payment to the owner paying first. Their effect depends on the exact wording and how the parties acted.
• Held-back payments after an owner pays the general contractor.

Many disputes start with one unpaid invoice that grows into a stalled schedule. Owners often feel the impact first, when a payment stops and the crews wait. Waiting rarely fixes these problems. An early review shows what is owed and what the contract requires.

What the Representation Covers

KEW Legal reviews the paperwork, sends written demands, and brings contract claims when a negotiated payment isn’t possible. The work includes:

• Review of the subcontract, purchase orders, change orders, schedule of values, and payment history.
• Demand letters and negotiated payment or settlement proposals.
• Breach of contract claims for unpaid balances and deductions the contract doesn’t allow.
• Review of Florida’s construction lien rules and notices, with lien filings or defenses where they apply.
• Litigation support in Florida courts in Miami-Dade and Broward counties when a negotiated result isn’t available.

The written contract shapes the claim. When an express contract covers the same work, a claim for unjust enrichment generally won’t stand. That’s why the subcontract is usually the first document we read.

How the Process Works

Five steps move most matters forward, from first review through resolution or court.

1. Initial consultation. Bring the contract, invoices, correspondence, and any notices sent or received.
2. Deadline check. Florida’s time-limit rule for computing accrual starts the clock when the last element of the claim occurs. A contract clause that shortens the period is void under the Florida contract time-limit statute.
3. Written demand or response. KEW Legal explains each option and what it would involve.
4. Negotiation, mediation, or filing. Once a case is filed, a party can ask the court to refer a money damages case to mediation. The Florida mediation statute lists exceptions, including actions filed to collect a debt. Florida law treats a written arbitration agreement as valid and enforceable, with limited exceptions, under the Florida arbitration statute. Under the Florida offers of settlement statute, a written offer to settle remains open for 45 days unless it is withdrawn sooner by a writing served on the other side before they accept it. If the party who made the offer files a motion within 30 days after judgment is entered, a court may impose sanctions when it finds the offer was rejected unreasonably, resulting in unnecessary delay and needless increase in the cost of litigation. The statute does not apply to causes of action that accrue after its effective date, so whether it governs a particular dispute depends on when the claim accrued.
5. Resolution or litigation. You get updates at each stage.

The costly mistakes are usually simple. Waiting too long on a notice, paying a disputed invoice without a written reservation, or ignoring the contract’s fee and notice terms can weaken a position. Early review gives you more options.

Why Work With KEW Legal

KEW Legal is a Florida business law firm that focuses on commercial matters, including vendor and contract disputes. Its lawyers review the contract first, then look at how the dispute affects cash flow and vendor relationships.

• Outside general counsel. The firm can handle one payment dispute or stay on as ongoing counsel for a business that runs many projects.
• Offices. The firm has offices in Coral Gables and Sunny Isles Beach. It serves clients in Miami, Doral, Brickell, Aventura, Fort Lauderdale, and Broward County.
• Responsible lawyer. Kristina E. Wilson is the responsible lawyer for this page. Natalie Martinez is also one of the firm’s lawyers.
• Business lens. For a subcontractor payment dispute attorney Miami-Dade businesses rely on, the focus stays on the contract terms that drive the fight, not on marketing claims.

Common Questions Before You Act

Whether you can hold back payment depends on the contract, the quality of the work, and the notices sent.

• Can I withhold payment from a subcontractor? A hold-back can start a dispute of its own, so review the terms before acting.
• Can an oral agreement be enforced? Work done under an oral deal can still be part of a claim. The proof you have becomes a central question.
• Does a pay-when-paid clause stop payment? Its effect depends on the exact language and how the parties performed.
• Do I have to keep working during the dispute? That depends on the contract and how the parties are working together, so the terms come first.

Frequently Asked Questions

Here are short answers to common questions about a subcontractor payment dispute attorney Miami-Dade businesses ask about.

Is there a separate deadline for a payment bond claim?

Talk to KEW Legal About Your Payment Dispute

If you need a subcontractor payment dispute attorney Miami-Dade, an early review helps protect your deadlines and options. Your situation may involve an unpaid balance on a finished job, a retainage that won’t release, or a subcontract fight that’s now stalling cash flow and the schedule. Each one raises questions about the contract, the notices, and the clock. The first consultation is free, confidential, and carries no obligation to continue. Call 305-990-2300, send us a message, or schedule a consultation today.