Can a design professional working for a contractor on a design build project file a bond claim if it has not been paid?
1 reply
Apr 21, 2020
Generally, most everyone hired by the GC on a public project will be entitled to a claim against the bond if they've provided labor or materials to the job. But, the Massachusetts lien statute doesn't appear to directly address whether a design professional hired by the GC would be entitled to make a payment bond claim. Looking to the point of a payment bond - it'd make sense that protection would extend to everyone hired by the GC. But, based on the text of the Massachusetts Little Miller Act, I'm unsure.
Considering the nature and process for making a bond claim - it might be worth acting as though a bond claim would be appropriate and proceeding to place a claim with the surety. After all, the surety will review and investigate all claims against the bond - and if they feel like you aren't entitled to make a bond claim, they'll let you know. And, at that point, you could decide whether to try and proceed against the bond or if pursuing some other course of action might be more useful.
So, proceeding as if you have bond claim rights might make sense - even if a surety will ultimately refuse your claim. At that point, you'd still have all other options on the table - like sending a payment demand letter, pursuing legal claims, placing the debt with collections, etc.
Certainly, though, a Massachusetts construction attorney might be able to provide more specific insight here since they'll have experience in the state. For more on Massachusetts bond claims, in general: Massachusetts Bond Claim Guide and FAQs.