We acted as a subcontractor on a public job in Massachusetts. Our customer was hired by the General Contractor who issued the bond on the job. Are we protected under Massachusetts bond claim laws?
1 reply
Aug 5, 2020
Generally, subcontractors who furnish work to the GC or to a 1st tier sub are able to file bond claims in Massachusetts. So, if you were hired by a subcontractor who was hired by the GC, then a claim against the project's bond should be available.
Note, though, that 3rd tier subcontractors (i.e. subcontractors hired by a sub-subcontractor) might not be entitled to make a claim against the bond - that's left a bit unclear by MA's payment bond statute. And, suppliers who supply materials to other suppliers generally won't be entitled to make a payment bond claim.
For further discussion on payment claims on public projects, this resource should be really valuable: Massachusetts Bond Claim Guide and FAQs. Additionally, keep in mind that other claims like breach of contract or under the MA prompt payment laws might be on the table. And, simply threatening to pursue those claims with a solid payment demand letter might lead to payment.