Home>Levelset Community>Legal Help>If a subcontractor is working on a bonded state project in MN, is the GC required to share Surety information with the subcontractor so the subcontractor can file a claim?

If a subcontractor is working on a bonded state project in MN, is the GC required to share Surety information with the subcontractor so the subcontractor can file a claim?

MinnesotaBond Claims

The subcontractor was providing landscaping and drainage along a newly installed city bridge. There are several previous pay applications that have not paid. The subcontractor has filed a claim on the bond and requested the Surety information, but the GC will not provide them. It doesn't seem right that a state project requiring a performance and payment bond would not be required to share the bonding information if something like this happens. How else would the subcontractor be able to file a claim and collect with out the surety info?

1 reply

May 30, 2018

That's an excellent question, and obtaining a copy of the payment bond - or at least the surety's contact information - is a pain point for lots of construction companies. Minnesota, like most states, requires that a copy of the payment bond be made available to potential claimants. However, a general contractor is not required to provide the copy - instead, "The public body must make the payment and performance bonds available for inspection and copying upon request." Unfortunately, the Minnesota Little Miller Act doesn't go into any more detail about how to make such a request. Presumably, though, that request should be made in writing and be made to the public body who contracted the project.

1 person found this helpful

Helpful