Pennsylvania Act 1931-294 — ALLOW SUIT FOR RECOVERY OF BONDS DUE

Act text

ALLOW SUIT FOR RECOVERY OF BONDS DUE
                 Act of Jun. 22, 1931, P.L. 881, No. 294              Cl. 53
                                  AN ACT

     Prescribing rights and remedies, and the procedure in connection
        with suits and recovery on bonds conditioned for the payment
        of material and labor furnished, supplied, or performed in
        the prosecution of any public work or improvement.

        Section 1.  Be it enacted &c., That the word "Municipality,"
     as used in this act, shall be construed to mean and include
     counties, cities, boroughs, incorporated towns, townships,
     school districts, and poor districts or any other incorporated
     district.
        Section 2.  Whenever the Commonwealth of Pennsylvania, acting
     by or through any department or agency thereof, or any
     municipality therein, shall require any person, co-partnership,
     association, or corporation, entering into a contract with such
     department, agency or municipality for any public work or
     improvement, to execute and deliver to such department, agency,
     or municipality an additional bond, as required by law,
     conditioned for the payment of material furnished and labor
     supplied or performed in the prosecution of any such public work
     or improvement, then, in such event, every person, co-
     partnership, association, or corporation who, whether as
     subcontractor or otherwise, has furnished material or supplied
     or performed labor in the prosecution of any such public work or
     improvement, whether or not the said material or labor enter
     into and become component parts of the work or improvement
     contemplated, and who has not been paid therefor, shall have the
     right to sue in assumpsit on said additional bond, in the name
     of the Commonwealth where the said contract has been entered
     into with any department or agency thereof, and in the name of
     the municipality where the said contract has been entered into
     with such municipality, for his, their, or its use, and to
     prosecute the same to final judgment, for such sum or sums as
     may be justly due him, them, or it and to have execution
     thereon; Provided, however, That such department, agency, or
     municipality shall not be liable for the payment of any costs or
     expenses of any suit.
        Section 3.  No such suit shall be commenced prior to ninety
     (90) days from the date upon which the said person, co-
     partnership, association, or corporation furnished, supplied, or
     performed the last of the material or labor for which the said
     claim is made; and every such suit shall be commenced not later
     than one (1) year from the date of final settlement under the
     said contract with the Commonwealth, acting by or through its
     said department or agency, or with the said municipality.
        Section 4.  Any such person, co-partnership, association, or
     corporation, who has no contractural relationship, express or
     implied, with the contractor furnishing the said additional
     bond, shall not have a right of action upon said additional
     bond, unless the said person, co-partnership, association, or
     corporation shall have given written notice to said contractor,
     or to his, their, or its surety, not later than ninety (90) days
     from the date on which the said person, co-partnership,
     association, or corporation furnished, supplied, or performed
     the last of the material or labor for which the said claim is
     made, stating, with substantial accuracy, the amount claimed and
     the name of the party with whom the said person, co-partnership,
     association, or corporation contracted. Said notice shall be
     served either in the manner now or hereafter provided by law for
     the service of a summons, save that service need not be made by
     the sheriff, or by mailing said notice by registered mail,
     postage prepaid, in an envelope addressed to the contractor at
     the contractor's last known place of business or residence, or
     to the surety at any of its offices or places of business.
        Section 5.  Every person, co-partnership, association, or
     corporation, upon application to such department, agency, or
     municipality, stating that the applicant has furnished,
     supplied, or performed material or labor in the prosecution of
     the work as above provided, and that payment has not been made
     therefor, shall be promptly furnished, at the cost of the
     applicant, with a certified copy of the said additional bond and
     contract. A copy of the said additional bond or contract,
     certified as aforesaid, shall be prima facie evidence of the
     contents and due execution and delivery of the original.
        Section 6.  This act shall take effect thirty days after its
     final enactment and approval by the Governor.
        Section 7.  The provisions of this act are severable, and, if
     any of the provisions hereof are held to be unconstitutional,
     the decision shall not be construed to impair any other
     provision of this act. It is hereby declared as a legislative
     intent that this act would have been adopted had such
     unconstitutional provision not been included herein.
        (Repealed in so far as inconsistent, 1967, Act No. 385, P. L.
     869, Section 10, Clause (3))