Alabama Contractor's Performance Bond with Limitation of Right of Action

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US-1008BG
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A performance bond, also known as a contract bond, is a surety bond issued by an insurance company or a bank to guarantee satisfactory completion of a project by a contractor.
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FAQ

The following Alabama criminal offenses do not have a statute of limitations: Capital Offenses. Felony's involving the use of, or attempted use, or threat of violence against a person. Felonies involving serious physical injury or death.

Statutory (2 years from discovery of problems). In February of 1994 the Alabama Legislature adopted a new statute related to civil actions against builders, architects or engineers. Ala. Code § 6-5-221 (1975). That statute stated that claims must be brought within two years from when the cause of action accrued.

If the surety does not voluntarily pay the claim, a lawsuit must be filed against the payment bond surety as follows: (a) if the public entity files a notice of completion or cessation notice, thirty (30) days six plus (6) months after the notice is filed or (b) if neither a notice of completion or cessation is filed, ...

Statute of Limitations for Breach of Contract. In Alabama, a breach of contract claim is subject to a six year statute of limitations under Ala.

Under the new statute of repose, all civil actions in tort, contract, or otherwise for defects in design or construction must be commenced within two years after the cause of action accrues, and any action that accrues more than seven years after substantial completion of construction is barred unless the injured party ...

In Alabama, the general statute of limitations for misdemeanors is 12 months, while the generic limitations period for felonies is five years. However, the following types of crimes do not have a statute of limitation and can be prosecuted at any time: Any capital offense.

Performance bonds, which are secured by a contractor before the beginning of a project, provide a guarantee to the project owner that contract obligations will be fulfilled. If the contractor fails to complete work ing to the contract terms, the property owner may be financially compensated.

Usually, a performance bond is required for a contractor when the construction project is funded by tax dollars, which essentially means any public construction project will require bonding. However, a private company might also require a performance bond to help mitigate risk.

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Alabama Contractor's Performance Bond with Limitation of Right of Action