How Do I File A Claim Against A Contractor?

In some situations, a contractor may fail to deliver satisfactory results on your project. They may also fail to comply with their obligations as set forth in the legal contract for the project, causing you to suffer losses.

Fortunately, you can file a claim against the contractor to receive compensation for the losses incurred in such a situation. Below are the steps you need to follow to file the claim.

1. Send A Preliminary Notice

In most cases, you are required to send your contractor a notice at least 30 days before you proceed to file a claim. The notice secures your right to claim the contract breached by the contractor. Ensure that you adhere to the deadlines given by the state of Virginia when you do this.

It is also essential to save a copy of your letter for future reference. Send the letter by certified mail and be sure to save a copy of the postal receipt as well. You can download and print the format for a notice of intent from the official website of the Construction Contractors Board.

2. Add All The Required Information

As you send the notice, be sure to include the contractor’s license number and basic information. Your name and address should also be indicated in the document.

Although it is not necessary to include the status of your contract in the notice, you can write a brief paragraph that explains the nature of the agreement made with the contractor.

3. File The Claim

The next step after sending a preliminary notice is filing the claim. To do this successfully, you need to acquire the necessary forms and fill them out correctly. You should be able to call the office of the contractor’s surety bond company if you have any trouble getting the form or you have any questions.

Although submitting a claim may seem like a straightforward process, it is possible to make minor errors. Therefore, it is advisable to seek the assistance of an experienced attorney to guide you through the process.

4. Submit Supporting Documents

After you officially file and submit your claim, the contractor’s surety bond company is responsible for following up and may reach out to you for a sworn statement or some other type of supporting document. You need to return these documents as directed to be successful in your claim.

5. Follow Up

It may take some time before the surety bond company attempts to reach out to the contractor and provide a resolution to your dispute. The contractor may also avoid responding to the surety company, which in turn increases the duration of your claim. Therefore, it is essential to contact the surety company regularly to inquire about the progress they have made with the claim.

6. Enforce Your Claim Or Collect Your Payment

If your claim is successful, you can collect the reward given to cover the damage caused by the contractor. However, if it is unsuccessful, you can look for other ways to accomplish the same goal, such as filing a lawsuit in a small claims court.

Conclusion

Filing a claim against a contractor is a lengthy process that requires precision. You can seek the help of an experienced attorney to guide you through the steps and increase your chances of success.