Legal Question in Construction Law in California

contractors bond

How do you file a claim against a contractors bond?


Asked on 3/13/07, 5:24 pm

2 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: contractors bond

You can look up the bonding company's information at the website of the Contractor's State License Board: www.cslb.ca.gov. The most common procedure is to fill out their claim form and let them investigate the claim. If you are not satisfied with their response or do not with to wait, you can file a lawsuit against the bonding company.

If you do decide to file a lawsuit, you should also file whatever claims you have against the ocntractor as well at the same time.

Read more
Answered on 3/13/07, 5:32 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: contractors bond

As you probably know, there are two routes to obtaining satisfaction against a contractor - through the CSLB and through the courts. If the claim fits Small Claims ($7,500 max.) that may be the way to go, or use both routes simultaneously.

If necessary to make a claim against a bond, you'll have to deal with the bonding company's inherent reluctance to part with any of its money. They will have some hoops for you to leap through. In my experience, they will expect you not only to have a judgment or equivalent proof of a claim against the contractor, but will also oblige you to re-try your case (in effect) in their paperwork, to show that the claim relates to a covered contracting activity and not, for example, money the contractor owes you for a secondhand pick-up truck he bought from you, or money he lost to you playing poker, etc. etc.

In sum, be prepared to be patient and thorough.

Read more
Answered on 3/13/07, 6:26 pm


Related Questions & Answers

More Construction Law questions and answers in California