Is a contractor's bond adjustor a neutral party?

[oohlalaw]

Is a licensed contractor’s bond adjustor a neutral party or on the side of the builder?

Background: This refers to California law and problems with a licensed contractor who did some grading without obtaining a permit, without erosion control and who damaged the parcel in question in that it failed a compaction test, so soil had to be removed and the grading redone.

The Contractors State License Board (CSLB) is working on the claim and also recommended going after the builder’s bond. The adjustor for the bond company sent a form letter with a long list of questions and requested info/documents which will be submitted but the injured party wonders how much to disclose to the adjustor. For example, one request is for all notes, emails, etc. but many of these go beyond the scope of the issue. The claimant wonders if he needs to be wary of the adjustor or if the adjust will be neutral and fair.

Thanks.

 

[STEPHAN]

And what is your position in all of this?

 

[LdiJ]

Is a licensed contractor’s bond adjustor a neutral party or on the side of the builder?

Background: This refers to California law and problems with a licensed contractor who did some grading without obtaining a permit, without erosion control and who damaged the parcel in question in that it failed a compaction test, so soil had to be removed and the grading redone.

The Contractors State License Board (CSLB) is working on the claim and also recommended going after the builder’s bond. The adjustor for the bond company sent a form letter with a long list of questions and requested info/documents which will be submitted but the injured party wonders how much to disclose to the adjustor. For example, one request is for all notes, emails, etc. but many of these go beyond the scope of the issue. The claimant wonders if he needs to be wary of the adjustor or if the adjust will be neutral and fair.

Thanks.

A bond is a form of insurance and the adjustor for the bond will act in a similar fashion to an insurance adjustor. Naturally they will try to limit their liability within the letter of the law, but the more information they are provided the more accurately they can do their job. I wouldn't give them anything that is definitely outside of the scope of the issue, but be careful that you understand what is and isn't outside of the scope of the issue or you might inadvertently not give them something that would be critical to a favorable decision for you.

 

[oohlalaw]

And what is your position in all of this?

Friend of the claimant.

 

[oohlalaw]

A bond is a form of insurance and the adjustor for the bond will act in a similar fashion to an insurance adjustor. Naturally they will try to limit their liability within the letter of the law, but the more information they are provided the more accurately they can do their job. I wouldn't give them anything that is definitely outside of the scope of the issue, but be careful that you understand what is and isn't outside of the scope of the issue or you might inadvertently not give them something that would be critical to a favorable decision for you.

Excellent. Many thanks!