Resolving payment issues through bond claims

A bond claim is a formal request made by a subcontractor or supplier to recover unpaid funds. It acts as a safety net when construction projects encounter payment issues. It ensures that all parties involved in the project receive their rightful compensation. Unlike traditional legal actions, bond claims are a more streamlined process that aims to hasten resolution and protect the interests of all parties.

How does it work?

To initiate a bond claim, the claimant must first notify the relevant parties about the unpaid debt. This includes the general contractor and surety company. Then, the next step involves gathering essential documentation, such as invoices, contracts and evidence of work completed.

After submission of the claim, the surety company promptly reviews the documentation and assesses its validity. This assessment includes verifying the accuracy of the information provided and ensuring that the claim adheres to the terms and conditions of the bond agreement. If the surety company deems the claim to be valid and in compliance, it will take action to address the payment issue.

The role of the surety

The surety company’s involvement typically involves two primary courses of action:

  • Payment to the claimant: If the surety company approves the claim, it will provide the necessary funds to the claimant (subcontractor or supplier) to cover the unpaid amount.
  • Resolution and recovery: After making payment to the claimant, the surety company seeks reimbursement from the defaulting party or the party responsible for the unpaid debt. The surety may engage in negotiations or legal proceedings to recover the funds it has paid out on the claim. This process helps restore financial equilibrium and holds the defaulting party accountable for their obligations.

Throughout this process, there should be open communication between the claimant, the surety company and the defaulting party. This allows for transparency and facilitates a smoother resolution of the payment issue. It may also be a good idea to involve a surety company. Doing so can add a layer of protection and assurance for all parties involved in the construction project.

The straightforward process of bond claims, from initiation to resolution, helps protect the rights of subcontractors and suppliers in construction projects. It ensures they receive their due compensation.

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