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can a supplier file a bond claim on service charge invoices

TexasBond Claims

our supplier filed a bond claim and there are service charge invoices and invoices for the wrong project

1 reply

Oct 24, 2018
I'm sorry to hear about that. First, it's worth noting that a debt on one job cannot result in a valid claim against a bond for another, separate job. When a payment bond is issued for a project, the bond ties to that project only, and outside debts should not give rise to claims against the bond. Providing the surety with any documentation or proof that a bond claim has been made improperly should help, as should informing the claimant that their claim is improper. Regarding service charges, bond claims, like mechanics liens, should typically be directly tied to work performed and unpaid, and finance charges typically do not give rise to valid lien or bond claims. However, if it represents a debt owed under a contract for work on the project, potentially, such a claim might be valid. Reaching out to the surety for clarification or consulting with a local construction attorney could be helpful here - they'll be able to review the bond, any documentation, and other relevant information to determine whether a bond claim has been inappropriately made.
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