Calling a landscaper bond

[miguellox]

Hello! I’m wondering if anyone can help me with the process of filing a bond claim. This landscaping job was supposed to be finished end of May 2022. It’s still nowhere near being finished. I’ve had another landscaper look at the work that has already been done and was told that the grading is not up to par. It’s very sloppy work.

This landscaper keeps promising that the work will be finished, but he doesn’t show up for days at a time.

I think I’ve given him plenty of time to finish this project. Should I tell him to stop working and file a claim? Or should I just file a claim without letting him know what I’m doing? This is all new territory for me. I Rea was hoping it wouldn’t come to this. But, I feel like I have no choice.

I already paid him $23K. The entire project estimate was $50K. How much will the bond company cover? Thank you for your help!

 

[miguellox]

@miguellox I don’t understand what you mean by “what kind of bond is it” or “you may not even be covered by it”. Why wouldn’t I be covered by it? I’m very confused.

 

[davelew86]

@miguellox There are a variety of different kinds of bonds, and it’s not even clear that you’re the bond beneficiary.

 

[miguellox]

@davelew86 This person is a licensed and bonded contractor. The bond, according to the bond company that insures him is a $25K bond. Sorry if I’m not being clear or lack understanding. This is all new territory for me. I was always told that it’s important to hire a contractor who is licensed, insured and bonded in case of any issues such as injury or lack of completion or inferior workmanship. At which point the bond company will call in the contractors bond in order to get the job done and finished. Am I not understanding correctly?

If it’s not the bond that is the route for me to take, then what recourse do I have with this situation where the contractor has not fulfilled his obligation under the contract?

 

[davelew86]

@miguellox There are different kinds of bonds. Have you seen the paperwork for this contractor’s bond? It may not be in your favor or cover the delayed work.

Go talk to an attorney. That’s your first step here.

 

[bfastpool]

@miguellox This sounds like a license bond. The obligee on those are normally the state or the state's licensing board for contractors. They basically guarantee the bond holder will follow all the laws of the state. License bonds don't normally cover worksmanship.

You'd have to check with your state licensing board and the surety to find out what the bond is for.

If you had the contractor take out a performance bond for your project as part of the contract, that would most likely cover them not completing the job and the cost of bringing in another contractor.

 

[miguellox]

@bfastpool Yes, that’s exactly what it is. I just got off the phone with the surety company that holds the bond for this contractor. They walked me through the process of filing a claim. Doesn’t look like I’ll need a lawyer. They will cover the cost of finishing the project if the claim adjuster deems it a valid claim.

 

[davelew86]

@miguellox We don't know what kind of bond it is or if it even covers you. You probably want to consult an attorney.