Claim on a Contractor's Bond Form Packet
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This packet contains the forms and instructions needed to file a claim against a contractor’s bond.
The instructions are for informational purposes only and are not legal advice. If you do not understand this information, contact an attorney.
If a contractor (or subcontractor) breaches a construction contract or performs inferior or negligent work, homeowners and other authorized parties have the option of making a claim against the contractor’s bond. RCW 18.27.040(3).
This packet covers how to initiate the claim. If the contractor chooses to dispute the claim through litigation you should consult an attorney.
This packet does not cover filing suit against an electrical contractor.
In General
- Contractors are required to file a surety bond with the Department of Licensing. General contractors are required to have a $12,000 bond and subcontractors a$6000 bond. RCW 18.27.040(a).
- The amount of the claim by a homeowner is limited to up to the amount of the bond. The amount for suppliers, workers and other claimants is up to half of the value of the bond (not to exceed $4000). RCW 18.27.040(5).
- Attorney’s fees and costs may be available for your claim.
- A homeowner must file within 2 years of the date that the claimed work was substantially completed or abandoned. Suppliers, workers, and other claimants must file within 1 year of the date that the claimed work was substantially completed or abandoned.
- The surety bond will only cover claims included in RCW 18.27.040
- The suit is generally filed in Superior Court in the county where the work was performed.
- For additional information on claims on construction contract bonds, see RCW chapter 18.27.040 & WAC 296-200A-080.