Tagged: 

Deadline of filing bond claim in PA for Subcontractor

2 months ago

We were hired directly by the GC on state/county job. What is our deadline to file a bond claim? I see that a sub-sub would have 90 days, but what about a subcontractor? Thank you.

Senior Legal Associate Levelset
180 reviews

For most situations, a claimant will need to make a claim against the project’s bond before they can proceed with an enforcement lawsuit against the bond. However, New Jersey subcontractors hired directly by the project’s GC generally won’t have to make a bond claim with the contractor or surety before proceeding with a lawsuit against the bond. Though, it might still be a good idea to make that claim anyway to try and resolve the dispute before legal claims become necessary.

So, New Jersey sub-subcontractors will need to make their bond claim within 90 days of last furnishing. But, subcontractors hired directly by the GC who provided the bond won’t actually need to send a bond claim before proceeding to suit if they don’t want to. But, operating as if the bond claim is mandatory and sending it by the deadline for sub-subs to make a claim could help streamline the recovery process.

Finally, keep in mind the timeframe for filing suit against a contractor’s payment bond in New Jersey. New Jersey claimants must actually wait at least 90 days after last furnishing before they can proceed with a lawsuit against the bond. And that makes sense – it provides a chance to resolve the issue before getting the courts and lawyers involved. But, after that 90 day period passes, the claimant must file their suit within 1 year of the last furnishing date, if suit must be filed. That provides a window of about 9 months to file suit, if necessary.

For more background on New Jersey bond claims, this resource should be helpful: New Jersey Bond Claim Guide and FAQs.

Disclaimer: The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the help of a local attorney.
Guest
Anonymous

Thank you. The project I was asking about is actually located in PA. Thank you again.

Your answer or comment:
Are you a Registered Expert?
You are not logged in and will be posting
anonymously. Log in Now
Get answers from construction attorneys and payment experts
120 Character Limit