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General Contractor Working on Public School - Options?

If a general contractor is hired to do work on a public school in NY, what are their options to ensure payment? I know bond claims are usually an option for subs, but in this case it is the GC who is bound to provide payment to its subs.

2 replies

Sep 24, 2019

Subcontractors and suppliers who are unpaid on a public job can file a bond claim against the general contractors bond. You are correct, however, that general contractors cannot do this. This option is not available, because, obviously, they can't file a claim against their own bond. While the bond is in place to protect subs/suppliers, there is nothing like this in place for general contractors on public jobs. Instead, they simply must rely on a breach of contract claim against the public body itself, and proceed for payment recovery through a standard lawsuit.

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Aug 23, 2022

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