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What are the deadlines to file a bond claim for subcontractors and sub-contractors in New York?

New YorkBond Claims Lien Deadlines

On a public project in New York, what is the deadline to file a bond claim? Is there any period of time after finishing the project that is required to wait before a claim can be filed? Is the deadline the same for a subcontractor as it is for a sub-subcontractor?

1 reply

Feb 1, 2018

New York bond claims can get complicated in a hurry. In New York, a person who furnishes labor or material to the contractor or to a subcontractor of the contractor has the right to sue on such payment bond, but only after 90 days has elapsed from the day of last performing/providing labor or materials. However, for those not under a contract with the original contractor, they will not have an action on the bond until they have first sent notice of the impending claim. That notice must be made within 120 days from the last date of providing labor/materials. Also, the notice must contain both the amount claimed and the name of the party to whom the material was furnished/ labor was performed. For either a subcontractor or someone who has contracted with a subcontractor, action against the bond must be made within 1 year of the completion and acceptance of the project.

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