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The Legal Who, What, Where, Why + How of Bond Claims

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Given by Don Gregory at the Fawcett Center on 2/28/19, this presentation covers the basics of Bond Claims from different types of bonds to when to make a claim and more.

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The Legal Who, What, Where, Why + How of Bond Claims

  1. 1. Presented by Don Gregory “Who, What, Where, Why + How” of Bond Claims THE LEGAL
  2. 2. Bonds are Different (unless government mandated) AIA Form State Form (Little Miller Act) Federal Form (Miller Act) Customized
  3. 3. Rule #1 Find the Bond + Read it!
  4. 4. Obligee (or Obligees) under the Bond (i.e., Owner on a GC bond, GC on a Sub bond) Who Can Make a Claim Performance BOND Subs, Suppliers, Rental Companies, Laborers + Lower Tier Subs Payment BOND [O.R.C. §153.54(J)]
  5. 5. Default; Termination, LDs; Consequential Damages, Defects; Warranty What is Covered Performance BOND “Lawful claim” for labor, material or services; but maybe NOT: Labor inefficiency; Prompt pay interest or fees Payment BOND
  6. 6. Importance of a Notice of Furnishing Mandated in contracts over $30K Served upon prime contractor Within 21 days of first work [O.R.C. §153.56(C),(D)]
  7. 7. Before Statute of Limitations Expires (now 8 years) When to Make a Claim Performance BOND 90 Days After Acceptance of Project Payment BOND O.R.C. §2305.06 + 2305.07 O.R.C. §153.56
  8. 8. 60 Days After Claim Served Waiting Period Payment BOND
  9. 9. Statute of Limitations (now 8 years) Deadline for Filing Suit Performance BOND One Year of Project Acceptance Payment BOND
  10. 10. Don Gregory Kegler Brown Hill + Ritter dgregory@keglerbrown.com keglerbrown.com/gregory 614-462-5416

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