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What can I do after filing a bond claim?

What can I do after filing a bond claim? I filed a bond claim in January and still have yet to receive payment. Are there any non-required documents I can send to continue the conversation? Are bonding companies considered to be essential business in Dallas County?

2 replies

Apr 15, 2020

Once a bond claim has been filed, there's usually some back and forth between the claimant and the surety. So, contacting the surety directly to see about the progress of the claim might be useful. At the very least, that might show whether they're taking the matter seriously and help to determine whether additional action may be necessary. Making a bond claim should be a sign that you're serious about getting paid and it should typically lead to payment without the need for further action. But, if your customer, the GC, or the surety aren't taking the claim seriously (as applicable), then threatening to file an enforcement lawsuit could be helpful in moving things along. Sending a document like a Notice of Intent to File Action on Bond acts a lot like sending a Notice of Intent to Foreclose. Ultimately, it acts as a heightened threat that a lawsuit will be filed against the bond if that becomes necessary. Nobody likes to deal with litigation, so that could be the final push that leads to payment. As for whether sureties will be open - I think so, yes. Under Texas' statewide stay home order, insurance services are allowed to continue their work as well as other professional services. What's more, even for companies that aren't deemed essential - most companies have done what they can to continue providing services through minimal office work and remote workers. Dallas County's stay home order allows for insurance companies to continue work as essential businesses, too.

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Apr 21, 2020

And adding on to Matthew's answer, if sending an addition demand/notice doesn't work, the surety may leave you no choice but to file suit. As an aside, the fact that the surety hasn't gotten back with you is pretty unusual. That may very well indicate some internal operational trouble on their end.

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