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What happens when i file a Bond Claim?

Michigan

JLM is a material supplier to a State University job in Michigan. We filed a Bond claim due to non-payment by a sub contractor and the GC says this we have to release the bond or payments to our customer will be held up. We have NOT been paid yet.

1 reply

May 11, 2023

Admittedly I do not have a lot of experience with bond claims (i know what performance bonds are for government jobs but my clients rarely do government jobs so). However, it is not surprising that filing a claim (whether a bond claim or a construction lien) would hold up payments to your "customer", e.g., the subcontractor that has not paid you. The bond issuer (and the GC who is the guarantor of the bond) is specifically supposed to hold up payments to the sub you until one of three things happens: i) an investigation is complete and it is determined that you should not get paid (or you actually got paid), II) your customer agrees that you should get paid directly (or with a two party check made to your customer and you ) or iii) you release the claim. The problems with the last option is that releasing the claim on the bond without getting paid first will eliminate your security interest in the money and reduce the chances you will eventually get paid.

BTW to analiges to Construction Liens .. this is why there are "Conditional wavers of lien" so that the waiver does not actually take effect unless the holder can prove that you were paid.

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