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What is statute of limitations to file against a contractor's bond?

CaliforniaBond ClaimsLicenses

I have someone who I have never had a contract with or got any money from filing against my bond. I don't even know these people from over 3 years ago.

1 reply

Mar 11, 2019
The deadline with respect to making claims against bond in California depend on the type of bond in question.

The deadline by which a claim against a project's payment bond must be received is dependent on a few factors. If the claimant did not directly contract with the general contractor the bond claim must be given within 15 days after the recordation of the notice of completion. If no notice of completion was filed, the time period is extended to 75 days after the completion of the entire project.

With respect to a claim against a contractor's license bond, the deadline is different. First a claim can only be made against the bond that was effective at the time of the incident - so the effective dates are important. Additionally, most claims must be made within 2 years of the incident which triggered the claim, although that differs for claims related to unpaid wages.

If something is heard from the surety it is always best practice to respond with information supporting your case, which may include the facts listed that the job was finished more than 3 yeas ago; the claimant didn't own the property at the time and had no contractual relation with anybody on the project; etc.
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