Public Payment Bond Claims--McGregor Act

Question 1

If no written contract, what does claimant need to include is SS?

Answer 1

1) identify the party who employed the cliamant;
2) date of performance;
3) description of the labor/materials;
4) amount of claim;
5) copies of invoices.

Question 2

If Written Contract exists, what must be in SS?

Answer 2

1) attached contract;
2) with SS;
3) unpaid invoices

Question 3

Notice of retainage for bond claim

Answer 3

Send notice no later than 90 days from completion of overall project.

Question 4

Is there another notice that must be sent by a Second tier subcontractor?

Answer 4

Yes, to the GC by the 15th of the second month for each month.

Question 5

60 day investigation period

Answer 5

before fling a lawsuit.

Question 6

What must be i n the Sworn Statement of Account?

Answer 6

1) that “the amount claimed is just and correct and that all just and lawful offsets, payments, and credits known to the affiant have been allowed.”

2) principal or Surety must receive the origianl;
3) written notice is required.

Question 7

Is actual delivery of materials and labor required on government projects?

Answer 7

Yes.Must show actual consumption of materials and labor. This is a higher burden than for a lien claim.