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Old 09-25-2008, 07:56 PM   #13
Waterbaby
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Default Performance Bonds

Quote:
Originally Posted by Seeker View Post
Companies like that should be required to post a performance bond with the town so if they do go belly-up the town can recover enough funds to remedy runoff situations, etc...
I believe most, if not all towns in NH do have this requirement and the bond must be posted prior to any work on the site starts. However, and this is a huge however, the wording on the bond usually indicates that so much is for Step A, so much for Step B, etc. etc. etc. Once Step A is completed to the town's requirements for that particular subdivision, the developer can ask for a release of that percentage of the bond and so forth. Bond wording is usually precise as to what is being covered, also.

Usually, for the town to go after a portion of the bond for a circumstance such as this one, court action is needed and that in itself can be a very lengthy -- and expensive -- process, especially if that particular problem, i.e. drainage, has not been covered in the wording of the bond.

This, of course, is my understanding of how bonds work, at least in the town in which I live.
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