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What counts as "last furnishing labor and/or materials to the project"?

VirginiaBond Claims

I have a project where the general contractor has been kicked off months after our scope of work was completed and they are not paying the final bill. I don't think I can file a lien because it is a fire station owned by the county. I am looking into if it is possible to file a bond claim but it says I only have 90 days after the claimant’s last furnishing labor and/or materials to the project. It has been 105 days since we were last on site. I had no reason to know there would be any problem until yesterday when I was told by another subcontractor that the general contractor was kicked off the project. Our subcontract says the general contractor has to notify us in writing if that happens but they never did. Regardless, the county has asked us to come back for a few minor issues with our scope of work but I am hesitant because I'm not sure if we will ever see the money owed by the general contractor. If we go back to clean up the minor issues, will that reset the 90 day clock and give us the ability to file the bond claim?

1 reply

Sep 27, 2019
Generally, punch list work or insignificant work won't be effective to re-set a deadline for last furnishing labor or materials. Usually, a fair rule of thumb for determining the last furnishing date will be whether the work falls under the major contractual duties for the job. i.e. If the work done is a crucial part of the subcontractor's performance, then returning to the job might reset the last furnishing date. But, if only minor corrective work is needed, that might not be enough. However, there isn't really a bright-line rule for what will or won't be considered last furnishing for a Virginia bond claim. Looking to the text of the Virginia Little Miller Act, determining when the last furnishing date occurs may actually balance on the last date where labor or materials are furnished for which the claimant expects payment. Specifically, the deadline runs from the "last of the labor or furnished the last of the materials for which he claims payment" under § 2.2-4341 of the state's Little Miller Act. So, if payment is expected for the return to the job site, then that would seem to point toward re-establishing of the last furnishing date. But, even if payment isn't expected for that work, if it falls within the original scope of work (and constitutes more than punch list work), there's still a fair argument that returning to the job could restart the bond claim deadline. For more discussion on last furnishing dates, these articles might be useful: (1) I Returned to a Job – Does that Change the Lien Deadlines?; and (2) What’s the ‘Date Labor or Materials Last Delivered’ and How Can I Prove It? For more on Virginia bond claims: Virginia Bond Claim Guide and FAQs.
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