Legal Question in Construction Law in Minnesota

Filing a claim against a bond

As a sub-contractor (electrical)to a general contractor on a construction project in Minnesota, what is the procedure in filing a claim against the general contractor's bond for non payment? The project has been substantially complete for a year, but we have not received final payment. Is this something that needs to be done through an attorney or can we do the paperwork ourselves? A sub contractor of ours (fire alarm) has filed a claim against our bond (we have not paid them because we have not been paid from the general contractor), so we in turn need to file a claim against the general contractor to recoup our money and pay our sub contractor.


Asked on 8/27/05, 1:14 pm

1 Answer from Attorneys
Vincent W. King Vincent W. King, PA

Re: Filing a claim against a bond

You don't say whether this was a public project or not. If it's a public project, bond claims are governed by Minn. Stat. Section 574.31. Here's a link to the statute (you may need to copy the link and paste it into your browser navigation bar): http://www.revisor.leg.state.mn.us/stats/574/31.html

You will note that the claimant must file a claim within 120 days after completing its last work. If the project has been substantially completed for a year, you may be out of luck. I wouldn't be able to say for sure until I knew more facts. Of course, you could still sue the contractor whether or not there was a bond, assuming the contractor is still in business.

If it's a private project, the time for filing a claim and bringing an action against the bond will be governed by the language of the bond itself. Again, I would need to see the bond before I could advise you.

I concentrate in construction law, so feel free to give me a call if you want to discuss this further.

In any event, good luck to you.

Standard disclaimer: The comments above are based on limited facts and should not be considered legal advice. We do not have an attorney-client relationship.

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Answered on 8/27/05, 7:17 pm


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