late claim

[jw8]

I was involved with a company that was forced to close for financial reasons. One job that was partially completed was a bonded job. A vendor had not submitted invoices for materials supplied for the job 10 months earlier. Upon hearing that the company was closing they submitted invoices for the materials dated within the 90 day period of their claim to the bonding company although the material was delivered much earlier. The bonding company paid the claim and is now seeking compensation under the general indemnity form. The general indemnity form was never signed by the surety and no resolutions for bonding were ever executed by the company. Was the surety roght in paying the claim of the vendor?

[marietta68]

There are too many variables for consideration to answer the question and it would be a good idea to consult a construction attorney of your own choosing immediately - there are time restraints on each component of your question.