Menu
Home>Levelset Community>Legal Help>Final unconditional vs. payment Bond

Final unconditional vs. payment Bond

CaliforniaBond ClaimsBonding Off LienLien Waivers

1. LL- makes agreement to pay tenant 300k+ tenant allowance upon completion and close out including all final unconditionals from contractors and subs. 2. Tenant (my client) agrees and has paid me (GC) out %100 on the project 3. All suppliers and subs have been paid except one issue subcontractor. This subcontractor was in breach of contract and I had the kitchen equipemnt coming at the end of a week. He didn't have man power to provide to us. We issued him warnings in writing stating if he cannot provide any manpower to the job for the week I would hire another contractor to hang the hoods. This is all in our signed contract with him as well. He responded and acknowledged that simply stating "sorry, I won't have anyone out next week because I'm too busy". We hire another guy to hang the hoods. The following week our original hvac returned with men and completed the rest of the project. We backcharged him the 3600 spent to complete that portion with all the backup and proof of cost and payment. He pitched a fit about it and I agree to pay him for half which is more than generous anyways since he impacted our schedule as well. Now, he's been paid out but will not provide a final unconditional though I've hassled his office for it. More like a grudge match. This project has been done for 112 days so he is out of his lien rights but the LL will NOT accept anything short of a final unconditional from him to release the tenant allowance to my client who is now getting all frustrated with me. Can I file a payment bond somehow for the 1800 to give the LL showing that even if he tried to lien it would be covered? Can I file something with the county or contractors board stating he is past his lien rights and cannot file. Has to be something solid to get the LL satisfied to release the tenant allowance.

0 replies