Legal Question in Construction Law in California

construction bond attachment

I was a construction contractor licensed in CA. After a complaint I lost my license. We settle the suit on April 3, dismissal with prejudice. On April 11 plaintiff attached my bond. Does this amount to fraud??

Aldo


Asked on 3/25/09, 6:03 pm

3 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: construction bond attachment

I can't say based on the facts you have presented that it is fraud. If I were you (though it appears you are too late) contest the claim against the bond. If there has been a settlement of the issue, and you contest the claim, then it should not be paid. Contact your bond holder, but almost a year later, its almost certainly too late to resolve.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 3/25/09, 6:27 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: construction bond attachment

Possibly fraud, more likely conversion, or perhaps just an accident due to wheels set in motion prior to the settlement. Why do you feel you can't ask the lawyer who negotiated the settlement on your behalf?

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Answered on 3/30/09, 2:58 pm
George Moschopoulos The Law Office of George Moschopoulos

Re: construction bond attachment

It is not clear whether this constitutes fraud. Generally, fraud is a very high standard to meet. Additionally, much will depend on whether the claim which was settled arose from a different set of facts or circumstances than the claim asserted against the bond. If not, then the claim against the bond should have been dismissed or stricken on motion by the bond company's counsel on the grounds that the claimant is 'double dipping.'

If you are looking for legal representation on the matter, contact my office directly.

www.SoCalConstructionLaw.com

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Answered on 3/26/09, 12:49 am


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