Called to make a payment bond claim from GC. Was told I could not make claim because it was past 90 days of invoice. By only a few days. We did an attempt to receive payment from GC. No response no emails or answering phone calls. Please help..
First-tier subcontractors and suppliers must send notice by the 15th day of the 3rd month following each month work was performed and unpaid.
Subs or suppliers who contracted with a party other than the direct contractor must send a notice by both the 15th day of the 2nd month, and the 15th day of the 3rd month following each month in which work was performed and unpaid. The 2nd month notice must be sent to the GC, and the 3rd month notice must be sent to the GC and the surety.
With respect to the bond claim itself, Texas don’t operate like other states. Rather than one single claim, Texas bond claims are made on a recurring basis. This bond claim is the "3rd month notice" referenced above, and must be mailed no later than the 15th day of the 3rd month after each month in which the claimant furnished labor and/or materials for which there is an unpaid balance. Note that claims on retainage must be mailed no later than 90 days after the completion of the contract.
Hello,
First, we would need to see the paperwork in order to better answer this question. There's a lot that could be inside of there. I would also need to know how you sent your requests for payment, to whom, and when.
Second, sue someone. That is actually the best way to get a resolution when the GC doesn't want to pay and the surety is trying to deny a claim. In Texas, I want to say you have a year to file a lawsuit against a surety in the event of a nonpayment situation.
This analysis is very difficult without being able to read anything the surety would have to provide you when you tried to make a claim.
E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com