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Note: it is always wise to
obtain a copy of the actual payment bond for any specific
language.
Commonwealth of
Massachusetts Projects
Sub—if you have a
direct contract with a GC you have up to a year after you
last performed material or labor on the job site to bring
claim under the bond. Sub should provide written notice
earlier than that.
Supplier—with direct contract with
bonded principle (either sub or GC) you have up to one year
after you last supplied material to the job to bring suit.
Supplier & Second tier subs—no direct
contract with principal of bond requires you to send written
notice to Surety Company and the principal within 65 days of
the last day you either supplied material or labor to
project. The suit has to be brought within one year.
Please note that in Massachusetts punch list
work does not count as labor or materials supplied.
State of Connecticut Projects
Suppliers & Subcontractors---notice to
the surety with a copy to the principals required by those
with contracts with the principal or with the principals
subcontractor within 180 days of when payment was due, if
the work was included in a payment requisition or estimate,
or when the last work was performed, if the work was not
included in the requisition of estimate.
Suit must be filed within one year of the
applicable due date.
In CT law requires that payment be made to
subcontractors and suppliers within 30 days of the
contractors receipt of payment by the owner.
Federal Projects
Sub—with notice not required when sub
has written contract with GC must bring suit within 1 year.
Supplier—notice within 90 days of last
supplied labor or material to the job site.
To be cautious it may be prudent to
put in a payment claim whenever your owed payment is late
(more than 90 days).
Please note this is not a
legal opinion and we suggest any specific issues be
discussed with your Attorney.
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