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Can an estimator who is paid a commission file a complaint on the bond for non payment from the contractor?

ArizonaBond Claims

I was a Salesman / Estimator / Project Manager for a AZ roofing company and was not paid for the last of my jobs that were completed. The owner of the company is saying my jobs were penalized because of difficulty and therefore he is not paying me on them.

1 reply

Jul 18, 2020

That depends on the type of bond and the terms of the bond itself. You can write to the owner and request any payment bond which has been recorded, a copy of the bond and the address of the surety company and bonding agent providing the bond. Assuming the bond is a payment bond provided for the benefit of contractor's in lieu of their mechanic's lien rights, then anyone that has the right to assert a mechanic's lien has a right to make a claim on the bond. It's not clear what you are seeking payment for, but you said that you work for a roofing company, so if the company did work on the project, then it has the right to a mechanic's lien. If you were providing services separate and apart from the roofing company, and you were not delivering materials or performing improvements on the property, then you may be a professional service provider rather than a contractor. Providers of professional services may also record a lien provided that the professional services provider has a contract with the owner or with an architect, engineer or contractor who has a contract with the owner. Professional services means those engaged in architectural practice, engineering practice or land surveying practice as defined in A.R.S.§32-101 (Registered Professionals).

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