40 U.S.C. § 3133 — Rights of persons furnishing labor or material
submitted 24 years ago by Pub. L. 107-217 to r/title-40-PUBLIC-BUILDINGS-PROPERTY-AND-WORKS · 611 words · no verdicts yet
A person who supplies labor or material and is not paid may obtain certified bond and contract copies and, subject to deadlines and notice rules, sue on a payment bond. A waiver is valid only if written, signed, and made after the labor or material is supplied.
(a) The department secretary or contracting-agency head must give a certified copy of the payment bond and contract to an applicant who provides an affidavit saying the applicant supplied labor or material and was not paid, or is being sued on the bond. The copy is prima facie evidence of the original's contents, execution, and delivery. The applicant must pay the fee set to cover preparation.
(b) (1) A person who supplied labor or material under a contract with a section 3131 payment bond and was not fully paid within 90 days after the last labor or material may sue on the bond for the unpaid amount and pursue judgment and final execution. (2) A person directly contracted with a subcontractor, but not expressly or impliedly with the bonded contractor*, may sue after giving the contractor written notice within 90 days after the last labor or material. The notice must substantially accurately state the amount and the party receiving the material or for whom labor was done. It must be delivered with written third-party verification at the contractor's office, business place, or residence, or in a way the district's United States marshal may serve a summons. (3) The action must be in the United States' name for the suing person's use, in the district where the contract was to be performed and executed, regardless of the amount in dispute. (4) It must be filed within one year after the person's last labor or material. (5) The Government is not liable for the action's costs or expenses.
(c) A waiver of the right to sue on a required payment bond is void unless it is (1) written, (2) signed by the person giving up the right, and (3) made after that person supplied the labor or material.
The department secretary or agency head of the contracting agency shall furnish a certified copy of a payment bond and the contract for which it was given to any person applying for a copy who submits an affidavit that the person has supplied labor or material for work described in the contract and payment for the work has not been made or that the person is being sued on the bond. The copy is prima facie evidence of the contents, execution, and delivery of the original. Applicants shall pay any fees the department secretary or agency head of the contracting agency fixes to cover the cost of preparing the certified copy.
Every person that has furnished labor or material in carrying out work provided for in a contract for which a payment bond is furnished under section 3131 of this title and that has not been paid in full within 90 days after the day on which the person did or performed the last of the labor or furnished or supplied the material for which the claim is made may bring a civil action on the payment bond for the amount unpaid at the time the civil action is brought and may prosecute the action to final execution and judgment for the amount due.
A person having a direct contractual relationship with a subcontractor but no contractual relationship, express or implied, with the contractor* furnishing the payment bond may bring a civil action on the payment bond on giving written notice to the contractor within 90 days from the date on which the person did or performed the last of the labor or furnished or supplied the last of the material for which the claim is made. The action must state with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was done or performed. The notice shall be served—
by any means that provides written, third-party verification of delivery to the contractor at any place the contractor maintains an office or conducts business or at the contractor’s residence; or
in any manner in which the United States marshal of the district in which the public improvement is situated by law may serve summons.
A civil action brought under this subsection must be brought—
in the name of the United States for the use of the person bringing the action; and
in the United States District Court for any district in which the contract was to be performed and executed, regardless of the amount in controversy.
An action brought under this subsection must be brought no later than one year after the day on which the last of the labor was performed or material was supplied by the person bringing the action.
The Government is not liable for the payment of any costs or expenses of any civil action brought under this subsection.
A waiver of the right to bring a civil action on a payment bond required under this subchapter is void unless the waiver is—
in writing;
signed by the person whose right is waived; and
executed after the person whose right is waived has furnished labor or material for use in the performance of the contract.
Source credit: (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1148; Pub. L. 109–284, § 6(9), (10), Sept. 27, 2006, 120 Stat. 1213.)
- 2002Enacted · Pub. L. 107-217 · 116 Stat. 1148
- 2006Amended · Pub. L. 109-284 · 120 Stat. 1213
A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-217 on 2002-08-21.
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