The Devil is in the Details: Bond and Lien Notice Pitfalls
“Did you send your statutory notices?” This question should be familiar to anyone
involved in pursuing or defending against a bond or lien claim for nonpayment. Seasoned participants in the construction industry, from bond producers, to surety company personnel, to contractors at every tier, also know that it is just the beginning of the notice inquisition.
“When did you serve the notices?” “How did you serve them?” “When was your last date of work?” “Was it contract work or punch-list work?” These questions may appear intolerably nitpicky, honing in on very specific and seemingly arcane details. But rest assured that there may be a very good reason for these questions. When it comes to bond and lien notices, the details matter. They really matter. Contractors, subcontractors, and suppliers that miss the details can pay a severe price.