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Can we file a claim against a bond if we didn't request a bond

Anonymous Contractor

We are a subcontract on Audrain Co Jail project. Per the contract, a bond was not required so we didn't request one. However, Zlien is showing that we need to file a Preliminary Notice now and a Bond Claim will be due in February. But I'm unsure if we can file a Claim against a bond if we didn't request one in the first place. I'm unsure if the GC requested a bond. Are we able to file against their bond if they did?

1 reply

Matt Viator

Construction Lawyer

Levelset Admin at Levelset

| 1,009 reviews

Nov 29, 2018

That's interesting. If a bond was not required by the public entity on the project, and if the general contractor did not secure a payment bond for the project, it will not be possible to make a bond claim on the project since there is no bond. Still, sending preliminary notice is valuable for a number of reasons - so regardless of whether a bond claim can ultimately be made, it's a good idea to send notice. When unsure of whether a bond is present, asking both the prime contractor and the public entity if a bond is present, and if so, for a copy of the bond should help clear up whether or not bonding is present on the project. It may be a good idea to send such a request in writing for documentation purposes.

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