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How long do I have to file a bond claim?

PennsylvaniaBond Claims

We were a subcontractor on a project for which the GC has a payment bond. We have an outstanding balance and we last performed work nearly six months ago.

2 replies

Oct 30, 2020
If the work was for a federal or Pa state/local government project and you have a contract direct with the principal on the bond, ie, the prime contractor who contracted with the government, you do not have any notice requirement, but you must file the suit within 1 year of your last day of work. If you are a sub-sub to the prime contractor, you would have had to provide a notice of intent to claim a lien to the prime within 90 days of your last day of work. If the bond is a private bond for a private (non-government) owner, all bets are off, as it would depend on the particular requirements of the bond form. Good luck, and please feel free to reach out to me directly for any further assistance!
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Nov 6, 2020

The Statute of Limitations is one year per 42 Pa. Cons. Stat. Ann section 5523(3), but the terms of the actual payment bond may provide otherwise. If you did not have a contract with the lead/prime general contractor, you would need to provide 90 days' notice per 8 P.S. section 194(b). If you have not already, you should consider pursuing relief through CASPA. That statute provides that unpaid subcontractors can recover attorneys' fees and interest on improperly withheld sums. You should consult a Pennsylvania attorney who understands the applicable law and knows how to get contractors paid.

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