Legal Question in Construction Law in Minnesota

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.