How to File a Bond Claim in California
Whether you’ve just moved to the state or have lived there for your entire life, it’s important to be familiar with the bond claim process in California if you work in the construction industry. Like all other states, California has a “Little Miller Act” that ensures that you’ll be paid for the materials or labor you provided to a construction project. However, it’s still crucial that you understand how the bond claim process works and how it differs in California.
The Little Miller Act: When Is a Payment Bond Required in California?
The Little Miller Act is a state-specific statute that acts as an extension of the federal Miller Act of 1935. The Miller Act states that all prime contractors on government construction projects are required to obtain bonds that guarantee both performance and payment for the invested parties.
Each state can determine its own specific regulations under its own Little Miller Act with regard to issues such as the value at which a bond is required by law or the time limits placed on the bond. For example, a California payment bond for public works is required on any contract of $25,000 or more.
However, it’s important to note that not everyone can make a California public works payment bond claim, even if a project meets the necessary requirements. In order to qualify for a California payment bond claim on a public works project, you must have directly provided work to the general contractor or through a subcontractor. General contractors and parties who provide supplies to the project suppliers are not covered.
California Payment Bond Claim Statute of Limitations
Bond claims are not evergreen offers. Each bond has a deadline known as a statute of limitations, and if you’re working on a construction project, it’s of the utmost importance that you know when that is. In California, this is dependent on several different factors.
Firstly, anyone wishing to make a claim against a California payment bond must provide a preliminary notice at least 20 days in advance. If you miss this window, you haven’t necessarily missed your chance to file a bond claim in California: It is still possible to make a claim as long as you supply both the surety and bond principal with a written notice within 15 days of the official notice of completion. If a notice of completion was never filed, then those 15 days are extended to 75 days following the end of construction.
What Your California Bond Claim Should Include
When it comes time to make California payment bond claims, there are several items that you need to make sure are included for your claim to be deemed valid. For a payment bond, California requires you to provide the value of labor/materials provided to the project, the name of the party who contracted you for the job, descriptions of the labor or materials provided, and your name.
Simplify Your Bond Claim Process in California With ConstructionDisputes.com
Keeping track of the various state laws for bond claims can be confusing and tiresome. If you’re considering filing a California payment bond claim for a public works project, why not let ConstructionDisputes.com make it as simple as possible for you? Our streamlined bond claim process ensures that your claim is in compliance with all of the necessary state laws, regulations, and bonding company requirements. We’ll notarize and mail your claim for you, and we also offer a digital document hub to make sure you have instant access to all of the paperwork you’ll need when you start filing a bond claim in California. Contact us today and let us put our expertise to work for you.