Given by Don Gregory at the Fawcett Center on 2/28/19, this presentation covers the basics of Bond Claims from different types of bonds to when to make a claim and more.

1. Presented by
Don Gregory
“Who, What, Where, Why
+ How” of Bond Claims
THE LEGAL

2. Bonds are Different
(unless government mandated)
AIA Form
State Form (Little Miller Act)
Federal Form (Miller Act)
Customized

3. Rule #1 Find the Bond
+ Read it!

4. Obligee (or Obligees) under
the Bond (i.e., Owner on a
GC bond, GC on a Sub bond)
Who Can
Make a Claim
Performance
BOND
Subs, Suppliers,
Rental Companies,
Laborers + Lower
Tier Subs
Payment
BOND
[O.R.C.
§153.54(J)]

5. Default; Termination, LDs;
Consequential Damages,
Defects; Warranty
What is
Covered
Performance
BOND
“Lawful claim” for labor,
material or services; but
maybe NOT: Labor
inefficiency; Prompt pay
interest or fees
Payment
BOND

6. Importance of a
Notice of Furnishing
Mandated in contracts over $30K
Served upon prime contractor
Within 21 days of first work
[O.R.C.
§153.56(C),(D)]

7. Before Statute of
Limitations Expires
(now 8 years)
When to
Make a Claim
Performance
BOND
90 Days After
Acceptance of Project
Payment
BOND
O.R.C.
§2305.06
+ 2305.07
O.R.C.
§153.56

8. 60 Days After
Claim Served
Waiting Period
Payment
BOND

9. Statute of Limitations
(now 8 years)
Deadline for
Filing Suit
Performance
BOND
One Year of Project
Acceptance
Payment
BOND

10. Don Gregory
Kegler Brown Hill + Ritter
dgregory@keglerbrown.com
keglerbrown.com/gregory
614-462-5416