Payment Claims Against P&P Letter of Credit. 7.2.3.1 Payment claims against the P&P Letter of Credit shall be governed by this Section 7.2.3. To ensure that all potential claimants receive notice of the procedures set forth in this Section 7.2.3, DB Contractor shall require that Sections 7.2.3.2 through 7.2.3.7 be restated, with the blanks filled in, in each Subcontract that includes Maintenance Services during the Maintenance Period and in all Subcontracts thereunder (including contracts with Suppliers) that include Maintenance Services during the Maintenance Period. In addition, each such Subcontract shall include a provision requiring the Subcontractor to provide formal notice regarding the claims procedures under this Section 7.2.3 to each employee performing public work labor (as such term is defined in Texas Government Code Section 2253.001) under the Subcontract, in the same manner in which equal opportunity notices are required to be given to employees.
7.2.3.2 This contract concerns a public works project for which a letter of credit has been posted to secure obligations that would otherwise be secured by a payment bond provided by [●] (the “Prime Contractor”) pursuant to Section 223.205 of the Code. Each person or entity that would have the right under said statute to make a claim against a payment bond provided thereunder (a “Claimant”) will instead have the right to make a claim under said letter of credit, as described below. Such alternative security is authorized by and provided in accordance with Section 223.205 of the Code, and no Claimant will have any right to make a claim against TxDOT for failure to obtain a payment bond under Section 223.205 of the Code.
7.2.3.3 All claims made pursuant to this Section 7.2.3 must:
(a) Be in writing, signed, and sworn by the Claimant or the Claimant’s agent;
(b) Provide a general description of the labor, services, equipment or material furnished or agreed to be furnished, including the approximate dates and place of delivery or performance, in a manner that reasonably identifies the labor, services, equipment or material;
(c) State the Claimant’s name and address;
(d) State the name of the person or entity to or for which the work or items were done or furnished, including the name and address of the party with which the Claimant contracted;
(e) State the total amount claimed, and that such amount is just and correct;
(f) State the value of the work already performed or items furnished, and that all known just and lawful offsets, payments, and c...
Payment Claims Against P&P Letter of Credit. 3.3.1.8.1 Payment claims against the P&P Letter of Credit shall be governed by this Section 3.3.1.
