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What can we do if we requested the bond number when we sent intent to claim against bond and not received the bond copy?

North CarolinaBond Claims

We sent out a intent to claim against bond letter with our previous lien services. It had on the letter a request of bond copy since its a Federal job. What can we do if they do not send the bond before the time is up to file a suit against them if it comes down to it.

2 replies

Oct 11, 2019

When working on a federal construction project, a sub, supplier, or other sub-tier claimant is entitled to a copy of the project's payment bond. However, note that it's the public entity who's required to provide a copy of that bond, upon request. So, if notice was sent to the contractor or some other party on the job, requesting a copy of the bond from them - they might not face any issues for failing to provide a copy of the bond. Now, if that public agency fails to provide a copy of the bond, that'd be an interesting scenario. And, their failure to provide a copy of the bond, as required, would seemingly be a fair basis for some flexibility on timing requirements. Though, there's nothing I'm aware of in the Miller Act that would specifically provide for leniency there. For more background on recovering payment on federal jobs: (1) Miller Act Guide, Forms, & Resources (2) The Basics of Recovery on Federal Projects: The Miller Act

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Oct 14, 2019

Is there other ways to request a copy of the bond if we don't get the response? Would you guys be able to send out a letter requesting it again if we need it? I'm sure a certified letter looks better and will have them willing to send one over. Are there actions you guys would be able to take once the time comes and no bond is received? I know we have some time on this to file but we have a great amount owed to us. And once the time is right we want to be able to file the suit. Thank you for your time.

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