Contractor Loses Performance Bond Claim Over Late Default Notice
A construction performance bond is a great way to add extra financial security to a project. However, in order to have a proper claim against the surety bond, close attention...
Bond Claims
A bond claim is a legal tool available to contractors and suppliers that are working on a state, county or municipal construction project. It is also called a “payment bond claim” or a “surety bond claim.” Contractors can file a bond claim if the prime contractor fails to pay them for the work or materials they provided on the project. In this way, it is similar to a mechanics lien, which is only available on private construction projects.
At the beginning of a construction project on government property, the prime contractor must file a payment bond. Payment bonds were created as a way to prevent contractors from filing liens on public property. While a mechanics lien is filed against the property being improved, a bond claim is filed against the bond. Typically backed by a Surety – a company licensed to write bonds – the payment bond guarantees payment to anyone working on the property, even if the prime contractor fails to pay them.
How to file a bond claim
While every state has regulations and rules for filing a bond claim, the federal government has its own set of rules for projects. Generally, contractors and suppliers must file preliminary notices and and other claim documents in a timely manner in order to preserve a their right to file a bond claim.
It’s important to understand the local and federal requirements in order to navigate the bond claim process and get paid. To learn more about local requirements, choose the project’s state from the dropdown on the Bond Claims 101 page.
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The Missouri payment bond requirements were changed in a few major ways after SB 167 was recently passed. These changes are effective August 28, 2019.