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Bond Claim in Texas | Not Sent to Bonding Company

I am the sub-subcontractor on a state/county school in Texas. I sent the bond claim to the property owner and general contractor, but I didn't have the bonding company information so it wasn't sent to them. My attorney is telling me that the bond claim is not valid because it wasn't sent to the bonding company. Is this true? Either way, are there any next steps that I can take to get paid? In the future, how do I finding bond information on other jobs?

1 reply

Oct 27, 2017

It is true that in Texas, a claim against the payment bond for a public project must be provided to the general contractor and the surety. In the absence of an enforceable claim against the payment bond, the ability to recover is likely dependent on filing a lawsuit against the party with whom you contracted. There is likely a "breach of contract" action available, and potentially other causes of action through which you may be able to recover, as well. Depending on the amount owed, small claims may be an option, but in all likelihood a full-blown lawsuit would be required.

Moving forward, however, there is a way to obtain the information needed. Texas Government Code Title 10, Subtitle F Sec. 2253.024. provides that a prime contractor must provide: 1) the name and last known address of the governmental entity with whom the prime contractor contracted for the public work; 2) a copy of the payment and performance bonds for the public work, including bonds furnished by or to the prime contractor; and 3) the name of the surety issuing the payment bond and the performance bond. In order to get this information, a sub must make a written request to the prime contractor.

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