Legal Question in Construction Law in California
construction bond attachment
I was a construction contractor licensed in CA. After a complaint I lost my license. We settle the suit on April 3, dismissal with prejudice. On April 11 plaintiff attached my bond. Does this amount to fraud??
Aldo
3 Answers from Attorneys
Re: construction bond attachment
I can't say based on the facts you have presented that it is fraud. If I were you (though it appears you are too late) contest the claim against the bond. If there has been a settlement of the issue, and you contest the claim, then it should not be paid. Contact your bond holder, but almost a year later, its almost certainly too late to resolve.
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Re: construction bond attachment
Possibly fraud, more likely conversion, or perhaps just an accident due to wheels set in motion prior to the settlement. Why do you feel you can't ask the lawyer who negotiated the settlement on your behalf?
Re: construction bond attachment
It is not clear whether this constitutes fraud. Generally, fraud is a very high standard to meet. Additionally, much will depend on whether the claim which was settled arose from a different set of facts or circumstances than the claim asserted against the bond. If not, then the claim against the bond should have been dismissed or stricken on motion by the bond company's counsel on the grounds that the claimant is 'double dipping.'
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