West Virginia Bond Claim Notice

• Category: Construction - Contractors - Bonds
• State: Multi-State
• Control #: US-CONST3
• Format: Word; Rich Text

Description

This form may be completed and used by a subcontractor or supplier who has not been fully paid on a project and is seeking payment from the surety (insurer) under the terms of a payment bond. In construction, a payment bond is a bond on the general contractor to ensure payment to subcontractors and suppliers.

The West Virginia Bond Claim Notice is a legal document filed by a contractor or subcontractor who has not received payment for work performed on a construction project bonded by a surety company. This notice acts as a formal demand for payment and triggers the process of pursuing the unpaid amount through a surety bond claim. Filing a West Virginia Bond Claim Notice is crucial to protect the rights of contractors, suppliers, and laborers, ensuring they have a legal remedy to recover their unpaid dues. By filing this notice, claimants assert their rights as beneficiaries of the surety bond, holding the surety company liable for the unpaid amount if the project owner or primary contractor fails to fulfill their payment obligations. Key provisions that should be included in a West Virginia Bond Claim Notice are: 1. Claimant Information: The notice should contain the claimant's full legal name, mailing address, phone number, and email address. 2. Principal Information: Details of the principal contractor, including their legal name, mailing address, phone number, and email address. 3. Surety Information: Information pertaining to the surety company that issued the bond, including their legal name, mailing address, phone number, and email address. 4. Project Information: Details about the construction project, such as its location, legal description, and project owner's name and address. 5. Amount Claimed: The total unpaid amount the claimant seeks to recover, including any interest or penalties accrued. 6. Description of Labor or Materials Provided: A comprehensive description of the labor, services, or materials furnished by the claimant on the project. 7. Date of Last Furnishing: The date when the claimant last provided labor, services, or materials to the project. It is important to note that in West Virginia, there are several types of Bond Claim Notices, each serving a specific purpose: 1. West Virginia Public Payment Bond Claim Notice: This notice is used when a contractor or subcontractor has not received payment for work performed on a public construction project. It is typically filed against the public entity that awarded the contract and the surety that issued the payment bond. 2. West Virginia Private Payment Bond Claim Notice: This notice is filed when a contractor or subcontractor has not been paid for work performed on a private construction project. It is typically directed towards the construction project owner and the surety company that provided the payment bond. 3. West Virginia Miller Act Bond Claim Notice: This notice is applicable to federal construction projects in West Virginia. It is filed against the prime contractor and the surety who issued the payment bond required by the Miller Act. In conclusion, the West Virginia Bond Claim Notice is a vital legal tool to secure payment for contractors, subcontractors, and suppliers on construction projects. By promptly filed the appropriate type of notice, claimants can ensure their rights to payment are protected and initiate the process of recovering the unpaid amount through a surety bond claim.