Legal Question in Construction Law in California

I need to file a suit on a release bond but I am uncertain the proper steps that I need to follow. I successfully filed a 20-day Preliminary notice, support it with stop work notice.Now the contractor bonded around me and filed a release bond on me. which leaves me stuck between a rock and a hard place. No money up front for my Legal defence yet I have over $20,000.00 owed to me. This is a public works job, LAUSD.


Asked on 1/17/11, 11:45 am

1 Answer from Attorneys
Gary Redenbacher Redenbacher & Brown, LLP

This is not something you'll be able to do yourself unless you are really savvy about law. Actually, it's good that the gneral contractor filed a release bond, because it's in some ways easier to sue the bond than the public entity. But I would go after the payment bond first. You should try making a claim against the payment bond before filing suit against both the payment bond and the release bond. You can't delay on these actions. The statutes of limitation are very short.

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Answered on 1/22/11, 12:51 pm


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