Menu
Home>Levelset Community>Legal Help>Can I file a bond Claim?

Can I file a bond Claim?

CaliforniaBond Claims

Hi, I am a Plumbing Subcontractor in San Jose, CA. We have a public project with a local municipality here and working through a GC. Our contract with the GC is based on T & M. We have worked almost 100% and gotten paid about 50%. We did not file a preliminary notice on this project but filed a stop notice just recently. We think the way to go is to file a bond claim at this time since the GC is not paying us. Our T & M Billings is about $1.8M at the moment. Can you help us out, please? Is there any lawyers available who are familira with CA public constrution laws?

3 replies

Sep 7, 2022

The Stop Payment Notice and Payment Bond claims are complementary remedies so you should consider pursuing both at the same time. The lack of a preliminary notice may not be an issue due to the nature of this project. 

1 person found this helpful
Helpful
Sep 7, 2022
You may still be able to file a payment bond claim unless you have waited too long, even though you didn't serve a preliminary notice. Is the entire project that the GC was working on now complete? If so, when was it completed? Do NOT delay any more in filing a bond claim or in consulting an experienced public works attorney!!!!!!!!! https://www.wolfflaw.com/files/public-construction-jobs-03-31-11.pdf In the future ALWAYS serve a preliminary before or when you start work if you do not have a direct contract with the owner of the property!!!!! George Wolff, 415-788-1881.
0 people found this helpful
Helpful
Sep 8, 2022
Good morning Chris, My colleague, Reza, will contact you in this regards. Thanks
0
Report Spam