Legal Question in Construction Law in California
judgement vs bond
Contractor has a judgement against him signed by the judge. Plaintiff's attorney is now also seeking same amount from contractor's bond. Contractor's license is inactive due to severe illness. Is it legal for attorney to go after bond since he has judgement against contractor?
2 Answers from Attorneys
Re: judgement vs bond
The attorney already has a judgment against the contractor. He can seek payment for the judgment from either the contractor or the bond. If the bond is large enough to satisfy the judgment, then the case is over. If the bond is not enough, then the attorney will seek more sources for payment. Let me know if the attrorney sued the bonding company and if the bond company is named in the complaint. Good Luck. (310) 806-9237, ---Phil
Re: judgement vs bond
The bonding company doesn't have to cough up the money to satisfy the judgment unless the liability (the matter the lawsuit was about) arose from activities covered by the bond.
For example, if the plumber took the down payment for the work and then split for Brazil, the bond would be liable for a judgment, but if the plumber assaulted the plaintiff off the job, the bond couldn't be obliged to pay the damages.
Bonding companies know the rules and will ask all the right questions before paying a judgment on behalf of the bonded contractor.
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