I am a subcontractor that worked on a project that was informed it was not a public work/prevailing wage. However, the workers there stated it was a public work/prevailing wage but then they changed it. we did work and we did not submit a preliminary notice, and the GC said that we will now need to get paid via the bond and that he will send that info to me, but he has not and is putting excuses to send it to me. What do I do now?
In general, subcontractors are required to serve a preliminary notice before making a claim on a payment bond. However, there is one exception. A subcontractor can still make a claim against a payment bond even though it failed to serve a preliminary notice if the claimant: (1) gives written notice to the payment bond surety and principal within 15 days after the owner records a notice fo completion; or (2) if no notice of ocmpletion is recorded, gives written notice to teh payment bond surety and principal within 75 days after completion of the work of improvement.