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Can we file suit against a customer for non-payment if we have already filed on their bond, but did not receive payment?

GeorgiaBond Claims

We are a supplier who provided material to a customer who was doing a job for a City in Tennessee. However, we never received payment from our customer because the owner of the job took our customer off the job at some point, but the job is still not finished and the owner cannot give us any detail on when the job will be finished. We filed on the bond through Levelset in August. When we finally got someone from the City to speak with us about the bond information we immediately filed claim with the bond company. However, we got a notification from Levelset this week saying that our deadline for filing suit to enforce the bond claim is due 12/3/21, which is tomorrow. Obviously the bond will not have paid out by tomorrow, and in the case that it doesn't pay out, can we not file suit against the customer and/or City in Tennessee for the amount due to us?

3 replies

Dec 2, 2021
Typically, the lawsuit on a bond claim must be filed within one year of the last work at the Project. Has it been that long? You would have longer to sue your customer, but if you don't comply with the time limitation in the bond, you would lose the right to recover against the bond. Losing the deep pocket surety would not be good. Let me know if you need further guidance.
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Dec 2, 2021

This is helpful, thank you! It has only been six months since the last work on the project and we have filed on the bond already, just have not received pay out as of yet. I have been working with a claims counselor at the bond company, he has just been a bit difficult to get updates from so I wanted to make sure we are still able to go after the money another way, if it becomes necessary. 

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Dec 2, 2021
Do you have a copy of the bond? Was it a state owned project? I will take a look if you would like me to. You can email to rstorrs@storrslaw.com. I just reviewed the Tennessee statute and it does require a lawsuit within 6 months from completion of the project, or the furnishing of materials.
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