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What is our deadline for filing a bond claim in WV?

West VirginiaBond ClaimsCollectionsPayment Bond

EFI Solutions has a direct contract with a General Contractor on a project in Glenwood, WV. We are having difficulty collecting the remaining balance even though EFI has completed our scope of work. Our last performed labor on our scope of work was in September and our lien rights have expired. However, there is a COMM issue related to the specially fabricated station. This issue is not at the fault of EFI, but we are working with them to get it resolved. Due to the large balance remaining ($74K), the officers of our company are getting nervous. They have asked that I determine when our deadline is for filing a claim on the bond. We have inquired directly with the Surety, who told us to seek legal counsel on the exact deadlines. I have attached a copy of the payment bond to the project in Levelset, as well as the email from the Surety. My question: are you able to determine how many days we have left to file a bond claim, or how many days have passed since this expiration?

1 reply

Jan 24, 2020
As you may know, bond claims in West Virginia don't really have a firm deadline. Instead, the terms of the bond will dictate the time and process for making a claim. Ultimately, this requires a thorough reading of the bond, itself. Unfortunately, however, Levelset is not able to provide legal review for project documents and cannot advise on how the terms of that bond will dictate how your claims process will unfold. Ultimately, it'd be wise to consult a local construction attorney. They'd be able to review your situation and project documentation then advise on the relevant timeframes and process for making a claim. Plus, if the time for making a payment bond claim has passed, then they'll be able to advise on what other recovery options might be worth pursuing.
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