If there's an ongoing investigation on a bond claim and the GC offered to pay a partial amount will this affect our bond claim in any way? Would we have to file a new bond claim based on the new total amount owed?
Typically partial payments on bond/lien claims do not release the remainder of the debt owed or necesitate the filing of an amended lien/bond claim. Often payments that are not in dispute are simply paid, with the disputed amount then withheld until an agreement is reached or court intervantion is required.
Now, that said, there are tricks payors can use in attempt to release the remaining debt. They can demand that you execute a lien/bond release that is overbroad, they can write "paid in full" on the check or sometimes correspondence is sent requesting that you acknowledge that the amount paid is all that is owed. It wouldn't hurt to have a lawyer look at the situation directly prior to accepting the payment to make sure you avoid waiver of any further amounts owed.
Very best,
Ben House
ben@houseperron.com
281-762-1377
www.houseperron.com