Bond Claim

The Most Effective Way To Get Paid In Construction.

File A Bond Claim

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Claim The Money That Is Yours

  • Are you getting slow-paid?
  • Are your accounts receivables spiraling out of control?
  • Is someone making up a dispute about your work to avoid payment?
  • Are you unpaid because your customer can’t get paid from the state or county?

Getting paid in the construction industry can be tough, but you’re in the business of doing or supplying to construction work, not financing construction projects. When unpaid on a state, county or municipal construction project, rather than filing a traditional mechanics lien to get paid, contractors or suppliers can file a “Bond Claim.”

Similar to mechanic liens, bond claims are inexpensive to file and very effective. A properly filed bond claim provides your company security in receiving payment, as it obligates a surety company (usually a well-funded insurance company) to your claim directly, and it puts substantial pressure on the prime contractor’s relationship with their surety.  

When it’s time to file a bond claim, trust the leaders in bond claims:   zlien .  You can use our industry leading technology to make your claim in minutes.

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What Exactly Is The Bond Claim Process?

This is a very common question, and it's understandable, because the bond claims process is a bit confusing. We've written a helpful article on this subject titled "How Lien and Bond Claims Against State Projects Work." Essentially, these are the stages of a typical bond claim:

STEP 1: FILE BOND CLAIM

The first step in filing a bond claim, is of course, filing the bond claim! This step is simple enough, but because of the complexity of state requirements and the chance of error, it's worth using a reputable bond claim processing technology like zlien to file the claim for you.

The biggest mistake you can make when filing your bond claim, however, is not getting the claim filed on time. Each state has separate deadlines for when these bond claims are due. You must get the bond claim prepared correctly, and filed in the right place all before the state's deadline. To determine the deadline to file a bond claim in your project’s state, consult zlien’s industry leading state bond claim resources.

STEP 2: REPLY TO BONDING COMPANY WITH BACKUP

After your bond claim is filed, you'll be contacted by the surety to advise that a claim has been opened, and to request you reply with backup materials about your claim and a sworn statement of claim. Your next step is to return this sworn statement and any backup documentation you have. Return these documents as quickly as possible to keep the claim moving along, as your claim will be delayed as long as you delay returning the materials.

STEP 3: FOLLOWUP WITH THE BONDING COMPANY

After you file your bond claim and return your bond claim sworn statement and information, the bonding company will contact their customer (the prime contractor) and notify them of the claim. They will also give the prime contractor an opportunity to respond to the claim. Prime contractors often delay responding to the bonding company, which delays your claim.

Move your claim along by following up with the bonding company and pushing them to approve the claim.

STEP 4: FILE AN ENFORCEMENT ACTION

If the bond claim doesn't produce payment right away, and your claim is either denied or delayed unreasonably, it may be time to file a lawsuit against the surety to enforce your bond claim. That is the last step, if necessary.

The Difference Between A Bond
Claim and a Mechanics Lien

When you’re unpaid for materials or labor furnished to a private project, the law allows you to file a lien claim against that property. When working on a state, county or municipal project, of course, the government isn’t going to tolerate claims against its interest in the land.

Therefore, to protect contractors and suppliers on the job, prime contractors working on these projects are required to post a payment bond. The payment bond is secured by a surety company, who must meet certain qualifications to guarantee they have the finances to secure the value of the project. When someone goes unpaid on the state, county or municipal project, they can make a claim for payment directly against the payment bond.

So, while a mechanics lien filing attaches to and is secured by the physical property, a bond claim attaches to and is secured by the payment bond. In a lot of ways, since properties can be over-leveraged and complex to foreclose upon, claims against payment bonds are cleaner, simpler and faster than mechanics lien claims.

When ready to leverage your “lien” rights, one of the most common mistakes is to confuse making a “mechanics lien claim” and a “bond claim.” Consult this article for help with this question: Mechanics Lien Claim or Bond Claim? Which Should You File?

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