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How can Sub get a copy of a payment bond from GC

We are a subcontractor. The job is for a Native Tribe. The GC (non Native) has a payment bond but won't give us a copy. I believe we have a right to a copy of the bond. Is there a statute or a process (like a FOI request or ??) that would help me convince them I am entitled to a copy? Thank you, Angela Mitchell

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Apr 17, 2020

Any person intending to serve a preliminary 20-day notice may request, in writing, of the owner, the identification of any payment bond which has been recorded, a copy of the bond and the address of the surety company and bonding agent providing the bond. Under A.R.S. § 33-992.01. the owner must provide a copy of the bond within 10 days. The catch is that the statute applies to the project owner, not to the general contractor. If the project owner is a tribe, they very well may not be bound by the statute. However, generally speaking, when tribe has a bonded project and they hear about problems with payment, they are usually quite happy to provide a copy of the bond so that you leave them alone and go bother the surety. Write the owner and ask for a copy of the bond and see what happens.

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Apr 17, 2020

Thank you so much! I appreciate the information. Angela Mitchell

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May 11, 2020

Is this still an issue? I have a few "tricks" that usually work to get receive a copy of the bond from a private owner, ie, an owner not bound by traditional FOIA laws, which includes a tribal authority. I can be contacted through my Levelset profile for more information. Good luck!

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