Legal Question in Construction Law in Washington

contractor's bond

We have a contractor who has not fixed some unsatisfactory work. He is working out of state under a new business name, and we think he may never return here.

How long after he stops doing business in Washington until he can terminate his contractor's bond?

How do we go after his bond? Can we file a claim with his bonding company? THe amount of money involved is perhaps $5,000 or so.

Asked on 1/08/08, 8:39 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc
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Re: contractor's bond

You can look up your contractor at L&I's website. You can determine his status, and find out who is the surety on his bond. In order to recover against his bond, you have to file suit in superior court naming the surety as a defendant. This is no big deal for an attorney, especially one who works in this practice area in the county where this happened (King?).

But you can't do it in district court. Also, you might be better off to sue him directly if there is going to be a question about what he owes you.

Contracts like this usyally provide that the prevailing party is entitled to have their costs and reasonable attorney fees paid.

You will do better with counsel, because a successful defense, even if it is on a technicality, could make a result where you have to pay his fees and costs and don't recover any damages.

Hope this helps. Elizabeth Powell

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1/09/08, 12:00 am

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