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How to file a bond claim?

IowaBond Claims

Hello, We are a metal building construction company doing a project for a community college, therefore, a state/government job. We are a subcontractor under a general contractor. The general contractor is not paying us. The project is in the state of Iowa. I understand that a mechanic's lien cannot be filed as the property is not personal property. A bond claim will need to be filed. What is the procedure? We did not foresee this situation, therefore, a preliminary note was not delivered to the general contractor at the start of the project. How do we proceed with filing of a bond claim?

1 reply

May 12, 2020
Iowa Code chapter 573 sets out the procedures for subcontractors to make a claim on a public job. Basically, the subcontractor must file with the officer, board or commission that contracted for the job a sworn, itemized statement of the claim for unpaid costs. The claim may be filed at any time after the nonpayment occurs, but no later than 30 days after final completion of the job. After a minimum of 30 days has elapsed from submitting the claim, the claimant may file a lawsuit in the county where the job is located. In my experience, submitting a draft lawsuit with the initial claim for payment gets the owner's and general's attention right away and lets them know the sub isn't bluffing. There are other provisions of Iowa law that may apply depending on how the owner or general respond, but this is the basic procedure. Mike Dee - (515) 242-2475
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