Home>Levelset Community>Legal Help>Are there other options to get paid after bond claim was denied?

Are there other options to get paid after bond claim was denied?

Our bond claim was denied due to not filing a preliminary notice. This is for a prevailing wage job in the state of Washington. Are there any other options for us to force payment of the retainage still owed? Our contract has with the general has been fully satisfied, we just have not received the retainage. The general contractor has told us they do not have the money to pay us.

1 reply

Sep 23, 2019

The denial of a bond claim does not necessarily mean its the end of the road for recovering the payment that is owed for work on a project. In Washington, according to §60.28.011(3)(b), amounts held in retainage by the public entity must be paid within 60 days from completion of the work. Additionally, Washington requires that, on public jobs, subcontractors must be paid within 10 days of the date on which payment was received from above by their hiring party. A demand for payment pursuant to the state's prompt payment statutes can be made, along with a demand to release retainage, and to pay pursuant to the terms of the contract. In some cases a lawsuit may be required, if the demand letters re insufficient, but as long as the work was performed, and the contractors remains solvent, there are options (even though they can be time consuming and expensive, like litigation) to go after the money owed.

0 people found this helpful

Helpful