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Claim against bond.

Hi, We are a Subcontractor to a Prime Contractor that has filed for bankruptcy. We performed work for the Prime Contractor on a State Department project that was bonded. How do we go about filing a claim against the bond? Thanks,

2 replies

Aug 10, 2021

The first thing to do is to make demand on the surety and give them notice of your claim. They should pay the claim. If the Project has yet to be completed, they will probably hire a replacement contractor to complete the project under their performance bond. If you have not been paid within 90 days of the date you last performed work, you can file a Miller Act action on the bond in the Federal Court in the District in which the work was performed. If the project was in Northern Virginia, that would be in Alexandria. The claim must be filed within one year of the date you last performed work.

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Aug 13, 2021

You may have a claim against the payment bond but I cannot determine this without more information.

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