Reviewed September 7, 2026.
The AIA A312–2010 payment bond distinguishes claimant notices, the surety's answer and the lawsuit deadline. Review the executed form and amendments.
- A claimant without a direct contract with the contractor generally must notify the contractor within 90 days of its last covered work or supplies, then submit a claim to the surety. Direct claimants submit a claim to the surety.
- The surety's 60-day answer period runs from receipt of the claim. It is not the claimant's initial notice deadline.
- Section 12 measures the one-year suit period from the earlier of the claimant's claim to the surety or the last work or supplies by anyone under the construction contract. The second trigger is not limited to this claimant's last work.
- A missed answer does not automatically waive every defense. Section 7.3 addresses specified recovery costs, including reasonable attorney fees, after the failure.
Claimant eligibility and required claim contents also matter. Statutory-bond requirements may override conflicting form language under Section 14. Obtain legal review promptly instead of relying on a generic bond deadline.
Kushnick Pallaci PLLC assists clients throughout New York with payment-bond claims and defenses. Contact 631-752-7100 or vtp@kushnicklaw.com.
Attorney Advertising. General information, not legal advice.
The A312-2010 is out of compliance with the NY Public Finance Law, which requires that the bond be conditioned for the payment of all charges for labor or materials on the project. The bond rights are far broader than the lien rights on a public project, where lien rights do not extend to second tier subs. But between the bond and the trust fund, Bob's usually your uncle.
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