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notice requirements State Projects lien requirements State Projects
prime contractor State Projects None. Prime does not have claim rights against its own bond. None. Prime does not have claim rights against its own bond.
sub laborer State Projects Must deliver Notice to Contractor to the prime contractor. If you contracted with the prime contractor, delivery must be within 60 days of first furnishing labor/materials, or within just 10 days if you contracted with a sub or sub-sub. Claim against the public entity / payment bond must be made by contractors within 30 days from the acceptance of the work, and against the retainage within 45 days from the acceptance of the work.
supplier other State Projects Must deliver Notice to Contractor to the prime contractor. If you contracted with the prime contractor, delivery must be within 60 days of first furnishing labor/materials, or within just 10 days if you contracted with a sub or sub-sub. Claim against the public entity / payment bond must be made by contractors within 30 days from the acceptance of the work, and against the retainage within 45 days from the acceptance of the work.

NOTICE REQUIREMENTS

To preserve your rights to file a claim against the payment bond and the project’s retainage, you must deliver a Notice to Contractor to the prime contractor.   The delivery should be by certified mail with return receipt requested.

If you contracted with the prime contractor, deliver this Notice within 60 days of first furnishing labor and/or materials.

If you contracted with a subcontractor or sub-subcontractor, deliver this notice within just 10 days of first furnishing labor and/or materials.

Didn’t deliver the notice in time?   Don’t fret yet!   Get it delivered as immediately as possible, as a late notice may preserve your claim agianst labor and/or materials furnished after sending the notice.

 

PUBLIC CLAIM

Make your claim against the Payment Bond and the Retainage by delivering a Notice of Claim to the prime contractor.   The Notice of Claim must be delivered, certified mail with return receipt requested, within a certain period from when the work is accepted by the Public Contracting Authority.

For the claim against the bond, within 30 days.  For the claim against retainage, 45 days.

You can then bring a lawsuit to enforce your claim, but be sure you do NOT file suit until at least 30-days after you file your Notice of Claim.   Those who do, forfeit their right to seek attorneys fees in the action under the Public Works statutes.




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