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can you sue against a contractors bond in small claims court, or their insurance company?

WashingtonLawsuitLicenses

I am a home owner who hired a construction company to come in and landscape my backyard with pavers and artificial grass. Two weeks after the job was finished, I noticed that the artificial grass was failing. Also, weeds were growing when they should not be. I contacted the construction company who did the work and was informed that their warranty only covered the "hardscape" of the pavers and not the artificial grass. After a long protracted ordeal I was able to get the grass manufacturer to send me a new piece of turf, but they would not install it. The turf was shipped to the contractor, without my knowledge. I then contracted the contractor and asked them to install the grass under warranty, they refused but said they would give me a "good price" for the install. I then attempted to get assistance through the loan company, they could not do anything. I then went to the construction companies insurance company, who offered me $500 to settle, I said no. I now want to go to the bonding company and open a suit against the contractors bond. The work was done in Nov of 2018. Can I sue a surety company and the contractor in small claims or does it have to happen in Superior Court. If I win, is the insurance company or the bonding company compelled to pay me? Years ago I sued a person in small claims court that hit my car and was able to send the judgement to their insurance company and they promptly paid me, I am hoping the same could happen here. I have contracts and pictures to prove they installed incorrectly as well as a video of another installer pointing out all the things they did wrong.

2 replies

Apr 2, 2020
It appears that a claim against a contractor's bond would need be be brought in superior court, as laid out by RCW 18.27.040(3). Of course, other claims could still be brought in a Washington small claims court as long as they don't exceed $5,000. Before proceeding with a court claim, though, it might be useful to counteroffer the insurance company if you feel their offer is too low. And, for help backing up a counteroffer, pricing out the cost for installation by a third party might help.
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Apr 5, 2020
Hi, I don't want to go to superior court, would like to sue for the full amount to replace the damaged grass, plus other work they did incorrectly in small claims. I had hoped to name the bonding company in the suit. My second question is, if I win the full $5,000 for the negligent install, grass failure and replacement of broken property, can I then send that bill to their insurance company who originally only offered me $500 to go away? The contractor working in cahoots with the grass manufacturer both claimed that their "warranties" did not cover install! The manufacturer also told me that they "lost" all of my emails due to a computer failure. They "out of the kindness of their hearts" sent a new piece of artificial grass to the CONTRACTOR who held onto that now for 1.5 years. It is now obviously no longer something I would want to install if it has sat rolled up for such a long time. I wanted to name the manufacturer in the suit to, they are located in California. Not sure how to proceed. I have contracts and emails, the last one I received from the contractor said he would give me a "price break" if I wanted them to install the grass that the manufacturer sent! That price break would still cost me at least $2,550 to $3,000. I did nothing wrong in all this, just want new grass that does not have weeds growing in it and does not look like a herd of elephants trampled on it!
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