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New material is being sent to a previously closed/completed job -- do I need to consider this a separate new project?

MississippiBond Claims

I have State/Fed project in MS that I had previously had closed, due to project completion. We closed this about 5-6 months ago. However, new material is being sent to this project now. Do I need to re-open this job or open a new job and go through the normal job set-up steps? In this case, I would not notice the job, but have my applicable bond information prepared.

1 reply

Apr 9, 2018

That's a good question, and the answer is likely dependent on the scope of work provided. Whether the project should be considered "re-opened" can depend on a number of factors, but perhaps most importantly, it will depend on whether the continued work is punch list, remedial, or warranty work or whether the scope of changes and additions arises to the level of the project itself continuing (or re-opening). Mere punch list or warranty work will not typically work to affect lien or bond rights in a very meaningful way. However, a valid change order or the scope of the project being altered would likely alter time frames or requirements for a given project. Further, if work is now being provided pursuant to a new, separate contract, a claimant might have to approach the project as if it were beginning for the first time. Ultimately, it could pay off to prepare any necessary information ahead of time - missing a deadline could be fatal for a claim, but sending a claim too early would be much less perilous. But since neither the Mississippi Little Miller Act nor the federal Miller Act require preliminary notice, it might just be up to a claimant's discretion. As always, a "better safe than sorry" approach will be the best way to prepare for unforeseen obstacles. As a final note, if it does appear that payment issues will come up, keeping the surety and the governmental awarding authority in the loop is a great way to put pressure on a party that might fail to make payment - even where notice might not be required.

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