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.
2 replies
Feb 19, 2020
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.
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Feb 20, 2020
Thank you. The project I was asking about is actually located in PA. Thank you again.