Complaint regarding Subcontractor against contractor and surety
About this form
The Complaint regarding Subcontractor against Contractor and Surety is a legal document used by a subcontractor to file a claim against a contractor and a surety in cases of non-payment or breach of contract. This form allows subcontractors to formally articulate their grievances in a structured manner, ensuring clarity and legal compliance in multiple states.
Form components explained
- Identification of the plaintiff and defendants
- Details about the contract and the specific agreement between the parties
- Documentation of payment failures and specific amounts due
- Requests for damages, including extended overhead and ripple costs
- Demand for judgment against defendants along with attorney fees and costs
Common use cases
This form is typically used when a subcontractor has fulfilled their contractual obligations but has not received payment from the contractor. It is necessary to file this complaint when the subcontractor seeks to recover unpaid amounts along with any incurred additional costs due to non-payment.
Who should use this form
- Subcontractors who have not been paid for work completed
- Companies involved in mechanical contracting and similar fields
- Legal representatives of subcontractors seeking to enforce payment rights
How to complete this form
- Identify the parties involved: clearly fill out the names and addresses of the plaintiff, contractor, and surety.
- Specify the contract details: include dates, the nature of the agreement, and attach any relevant exhibits.
- Document the payment claims: provide specific amounts due for completed work and additional costs incurred.
- Include a breakdown of damages: detail extended overhead costs and ripple damages resulting from non-payment.
- Sign and date the form: ensure the completed document is signed by the plaintiff or their legal representative.
Notarization guidance
This form usually doesn’t need to be notarized. However, local laws or specific transactions may require it. Our online notarization service, powered by Notarize, lets you complete it remotely through a secure video session, available 24/7.
Common mistakes to avoid
- Failing to accurately identify all parties involved can lead to dismissal.
- Not attaching required exhibits, such as the original contract, which may weaken the case.
- Omitting specific amounts owed, making it challenging to enforce claims.
Why complete this form online
- Convenience of downloading and filling the form from home.
- Editable templates allow for easy customization to fit specific needs.
- Accessing reliable legal forms drafted by licensed attorneys ensures adherence to applicable laws.
Form popularity
FAQ
If the contractor defaults, the surety usually has three options: Pay the amount set in the bond as a penalty (or can settle that amount with the owner). Complete the project themselves or by hiring a new contractor. Provide money to the principle to complete the project.
Yes you can sue the subcontractor directly. You don't need a contract with someone to sue them for negligence. You can probably also sue them as a third party beneficiary of their contract with the general contractor.
A general rule of contributory negligence is that a main contractor is not liable for the negligence of its independent subcontractor. There are some exceptions to this rule, including: The main contractor had actual knowledge that the sub-contractor's work had been done in a foreseeably dangerous way and condoned it.
What rights does a surety have in the event of a contractor default? The surety can recover the debt from the defaulting contractor, the surety can sue the owner for claims that could be easily made by the contractor, or the surety could try to get the retainage held by the owner.
Usually, anything that subcontractors would be liable for, general contractors may also be liable for (with the caveat that if the contractor has to pay for damages, the subcontractor who is legally responsible will often reimburse the general contractor).
Bonding Company. The first step in filing your surety bond claim is to find out who bonded the offender. Make Contact. Maintain Contact.
What are subcontractors? Subcontractors undertake a contract from the contractor. Subcontractors undertake work that a contractor cannot do but for which the contractor is responsible.
A contractor who has been paid for a project and refuses to pay a subcontractor shall as a penalty, pay 2 percent of the amount due per month every month that the payment is not made. In addition, the prevailing party shall be entitled to his attorney's fees and costs.
Call to have a Complaint Form mailed to you 1-800-321-CSLB (2752), OR. Use the On-line Complaint Form, OR. Download and Print a Complaint Form.