I am a material supplier can I file against the GC bond if I didn't deal directly with GC? The subcontractor purchased the materials from us and he has been paying us for months without receiving anything from the GC he still owes us 10K but has ran out of money
The short answer is yes if you secure your lien rights timley, and you do that by sending the requesite notices. The statutes that govern the bonds in texas require sworn notice to certain parties including the GC, owner and surety. It requirements and form of the notice can be complicated, and it needs to be done correctly. Likewise I highly recomend getting assistance with it and quickly via an attorney or another service that facilitates lien notices and filings. Whatever you do, move fast! If the surety still delays in paying you after receipt of the notice, don't hesitate to call up an attorney.
Very best,
Ben House
281-762-1377
ben@houseperron.com