We represent the supplier, Summit, in this matter, and are trying to figure out (1) if there is surety on the project and (2) if there is one, do we need to provide notice to the surety before incorporating them in our amended petition for damages?
There's a few ways that I commonly use in my practice. First, bonds are required to be filed within the real property records of the property upon wich work is being performed. Depending on the size of the county, typically you can access these files online, as well as run a search to see if a bond exists. Another option is to demand a copy of the bond from the owner or general contractor. Texas law requires these parties to provide you a copy of the bond if you ask for it correctly. This second approach is slower, and sometimes owners/GCs aren't up on the law and ignore the request, which is why I prefer the first option.
Secondly, yes bond claims do need to be perfected, but when and how that perfection needs to occur depends on when/if the bond was filed with the repsective county. I cannot tell from your submission if your company has already filed suit, but if so, I would absotltely suggest running these questions by your attorneys and working closely with them on your next steps as this area of law is very technical.
Very best,
Ben
281-762-1377
ben@houseperron.com
Hi Ben,
I was able to call the real property records of the county in which the property/project was located. I determined that no surety bond was filed on said project, so no further action was necessary. Thank you for the feedback.
Excellent. I'm glad that worked out. Take care.