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Do I need to file a bond claim in Washington state?

WashingtonBond ClaimsPayment Bond

If a contractor has not paid the balance on a public works project what are my options? Do I need to file a bond claim in order to file a lawsuit against the bond? Most of the time the customer receives payment from the county longer than 30 days after the last delivery. The platform is saying that my payment is not protected because I did not file a bond claim by the 30th day. The project is not substantially complete. What are my options at this point.

1 reply

Nov 10, 2020

As you mentioned above, the deadline for making a payment bond claim in Washington is generally 30 days after the completion of the work/acceptance of the project. So, unless the project is complete, that 30-day deadline clock hasn't begun to tick. Further discussion here: When is the deadline to file a Washington Bond Claim? 

If you think you've been given the wrong deadline, it'd be worth talking that through with the Levelset Support team or your account manager. Note that many subcontractors will have a hard time knowing when, exactly, the whole project is finished. It's hard to be sure when the sub's work is completed well before the overall project. for that reason, it's common for them to use their last furnishing date as a substitute or filler date to base their deadlines off of. But, to be sure, the deadline to make a Washington payment bond claim is not 30 days after last furnishing - it's 30 days after project completion.

To directly answer the question of "Do I need to file a bond claim in order to file a lawsuit against the bond?" - yes. Making a payment bond claim is generally a prerequisite for filing suit against that payment bond. It makes sense, too - when the contractor and surety are aware that there's a claim against the bond, they can make sure payment is made before a lawsuit becomes necessary. The process is designed to help claimants get paid without having to actually pursue a lawsuit. For additional discussion on how bond claims operate: Payment Bond Claims: How to get paid by a surety bond in construction.

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