How To You can file a claim against the construction contractor.
Most states require construction contractors to be licensed.If the contractor fails to perform under the contract, you can file a claim against the bond to get the money you're owed.Depending on the reason for the dispute, you can file a complaint with your state's licensing board.If you don't like the response of the surety company, you can take them to court.
Step 1: The surety company wrote the bond.
The name and contact information of the surety company that wrote the bond will be listed with the state licensing board.You can find this information on the licensing board's website, but you may need to make a phone call.You need the contractor's license number or legal name to access this information.You should be able to determine the name and basic contact information for the surety company that wrote the bond, as well as the dates through which it is effective.
Step 2: The contractor was covered.
You should be able to find out when the surety company covered the contractor.It's important that the project the contractor worked on for you is within those dates.You can compare the dates of the project to the bond dates.The effective dates for the bond are the start and end of the project.You may be able to get a copy of the bond.You will have to get it from the surety company or the contractor.You might run into conflict if you ask the contractor for a copy of their own bond.Ask the person who runs the bond above them.You want to talk to a general contractor if they're a subcontractor.You should talk to the property owner or the project manager if they're the general contractor.
Step 3: Information should be gathered.
The surety company will need a detailed description of your claim, including dates, times, and locations.You may need photographic evidence.Most surety companies want a copy of the contract you signed with the construction contractor for whom they wrote the bond.If your claim is based on nonpayment, you may need to provide bank statements to show which payments were made.If your claim is based on non performance, you should include proof in the form of photos or correspondence with the contractor.
Step 4: Go ahead and submit your claim.
The policies and procedures of each surety company will affect the method of filing a claim against a construction contractor's bond.You can either find this information online or on the phone.Don't tell the surety company representative about your claim.The person in the sales department has nothing to do with claims.You need to address your form at the surety company's claims department.Call the surety company's general number and ask where you should send your claim.You have to send a letter to the claims department if the surety company doesn't have a form to complete.A detailed description of the incident that gave rise to your claim should be included in the claim.
Step 5: Wait for a response.
Within a few weeks, the surety company will investigate your claim and send you a response.The contractor's response to your claim will determine the type of remedy offered.The surety will usually conduct an investigation of the claim.Communication with the construction contractor is possible.Without input from the construction contractor, the surety won't take action.The surety company will often give the contractor an opportunity to correct the problem on their own, if they are aware of the claim against the bond.The surety company will write you a check if the contractor doesn't pay.The surety will get the money from the contractor.The surety company may provide another contractor to complete the work if the original contract is not fulfilled.
Step 6: You can find your state's licensing board.
Each state has a board that licenses construction contractors.There is a website that provides information about the state board and the location of a field office.The complaint information page can be found on the website.Information about the types of complaints you can file and the process for doing so can be found here.Licensing violations are not all issues you have with a contractor.Licensing complaints can only be used for certain types of disputes.There are deadlines for filing a complaint.The subject matter of the complaint is usually a few months or a year after the incident took place.A complaint does not mean that the licensing board will file a claim against the contractor's bond.You will have to do that on your own.You can either file your claim against the contractor's bond at the same time or before.
Step 7: You need to fill out a complaint form.
Information about you, the contractor, and the subject matter of the complaint can be found on the licensing board's complaint form.You can either download the form from the licensing board's website or go to the local licensing office.The name and contact information of the construction contractor must be included in your complaint form.You should state this on your complaint to the licensing board if you have already filed a claim against the contractor's bond.The licensing board may want to work with the surety company.The complaint must give a detailed description of the incident that led to it.Depending on the particular licensing violation committed, your goal may be different.A licensing violation is usually caused by a default on the responsibilities of a construction contract.This is not always the case.If you don't know if the incident is a licensing violation, you may want to speak to someone who works at the licensing board.
Step 8: You can submit a complaint.
You need to send your complaint form and any supporting documents to your local licensing board office after you've signed it.You can fill out and submit the form online in some locations.You need to mail copies of the contract.You will need to include a copy of the construction contract.It is possible that other documents are needed to support the facts in your description.You might want to send the same information and documentation to the licensing board.
Step 9: Make sure to cooperate with any investigation.
Once your complaint is received by the licensing board, it will be assigned to an agent who will contact the contractor to investigate.You can be contacted by the agent for more information.You may be contacted by the agent after speaking to the contractor.If you have a complaint about non performance of the contract, the agent may want to visit the construction site to better understand what happened.
Step 10: Attempt mediation.
Some licensing boards use alternate dispute resolution to resolve complaints.There are different forms of dispute resolution recommended or required in different states.Both you and the contractor must agree to participate in mediation.A neutral third-party will try to negotiate a solution to the problem between you and the contractor.It can be voluntary or mandatory.Once you agree to the process, you have no choice over the outcome.A neutral arbitrator hears from both sides and makes a decision which is binding on all parties.If you are dissatisfied with the response of the surety company to your claim, you may have to file a lawsuit.
Step 11: Find the correct court.
The small claims court can be used in the county where the project took place.Call the court's clerk to find out the claim limits in your area.Monetary damages can be provided by small claims courts.The limit varies from state to state.It might be as high as $10,000, but it's usually less.If you want to enforce the contract by having the contractor complete the work, small claims court won't work for you.If your damages are higher than the small claims limit, this is true as well.You can handle your claim yourself in small claims courts.If you're considering a lawsuit against a contractor and their surety company that must be filed in state court, you should consult an attorney.
Step 12: You have to fill out the claim forms.
If you want to start a small claims case, you need to fill out the fill-in-the-blank forms.You have to go to the clerk's office to get copies of these forms.The forms are available online.You can either type your answers directly on the form or print them out and write them down.Before you start filling out the forms, read the instructions carefully.The forms are usually self-explanatory, asking about yourself, the person you're suing, and the reason for the lawsuit.You can only be sued for money in small claims court.If you want to get a court order for the contractor to complete a project, you'll have to use a regular state court.
Step 13: You can file your claim.
You should make at least three copies of the forms yourself, along with any supporting documentation such as the construction contract.Take your forms with you to the clerk's office.The filing fee is usually $100 or less.Fee waivers may not be available for small claims cases.To find out the exact amount of the filing fee and what forms of payment are accepted, you should call the clerk's office.You can find this information on the court's website.The copies will be given back to you by the clerk.There is one copy for your records.The surety company wrote the bond for the construction contractor.
Step 14: The surety company and the contractor should be served.
After your claim is filed, you must deliver the form to the surety company and the contractor so they have legal notice of the claim you've filed against them.You can't serve the forms on your own.Someone over the age of 18 must do this because they have no interest in the case.People often pay a small fee to have a sheriff's deputy complete their service.This way you know it was done correctly.You need the name and address of the surety company's agent.If the construction contractor has incorporated their business, you will need the same information.
Step 15: Receive a written reply.
The surety company and the contractor have a brief period of time to respond to the claim.Writing answers are optional in some small claims courts.The same way you served your claim, you can expect a written answer to be served on you.You may want to talk to an attorney after you have all this information.You aren't allowed to have an attorney represent you in small claims court, but they can help you prepare for your hearing.The surety company may have defenses to your claims.If they give a written answer, you can decide what to say in response.Get your paperwork together before the hearing.You will need copies of all the papers you filed with the court, as well as a copy of the contract and any other evidence that you want to show the judge.
Step 16: Attend your hearing.
If you want the judge to hear your claim, you must show up at the small claims court on the day of the hearing.The court will dismiss your claim if you are late or fail to show up.Small claims courts hearings are less formal than regular courtroom hearings, but try to dress conservatively.The judge and court officers should be respected.Depending on the size of the courthouse, you want to show up about half an hour early so you have time to go through security and find the right courtroom.Take a seat in the gallery until your case is heard by the judge.You can observe the procedure in other cases if you're called first.When the judge calls your case, move to the front of the courtroom.The judge will want to hear from you first.The judge may ask you questions, or you may have to give a small summary of your claim.The judge will make a ruling after hearing from the contractor or surety company.It can take a day or two to get a written order from the judge.