act-1931-0-294•Pennsylvania Act 1931-294 — ALLOW SUIT FOR RECOVERY OF BONDS DUE
Pennsylvania Act 1931-294 — ALLOW SUIT FOR RECOVERY OF BONDS DUE
act-1931-0-2941931 Pa. Act 294Law
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))
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