Notice Required. A claimant must give the preliminary notice as required for stop payment notices for public works. (Civil Code, Time for Suit: Claimant must file suit not later than six months after the period in which stop notice payments must be served.
Notice Required. A claimant must give the preliminary notice as required for mechanics liens and stop payment notices. (Civil Code,
Notice Required. Every person who has furnished labor or material in the prosecution of the work provided for in a contract for which a statutory payment bond is required is entitled to payment within 30 days after the party with whom that person has contracted, whether the general contractor or a subcontractor, receives payment for that person’s work. Any person who performed work or supplied materials for which a requisition was submitted to the awarding authority and who does not receive full payment for such work or materials within 60 days of the applicable payment date set forth above, or any person who supplied materials or performed subcontracting work not included on a requisition who has not received payment within 60 days after the day on which the last of the labor was done or performed, may enforce the right to payment under the bond by serving a written notice of claim within 180 days from the date when such person performed the last of the labor or furnished the last of the material for which claim is made, on the surety that issued the bond and a copy of the notice on the principal contractor. The notice shall state with substantial accuracy the amount claimed, name of the party for whom labor was performed or to whom materials were furnished and a detailed description of the bonded public project involved. Within 90 days after service of the notice of claim, the surety must pay the claim or such amount which is not disputed in good faith and must notify the claimant as to any unpaid portion for which liability is denied. Notices shall be served by registered mail or certified mail, postage prepaid, in envelopes addressed to any office at which the surety, principal or claimant conducts his business, or in any manner in which civil process may be served. Time for Suit: No suit may be commenced after the expiration of one year after the day on which the last of the labor was performed or material was supplied by the claimant. Contracts Excluded: Under $100,000. Municipal Liability for Failure to Obtain Bond: In the event that any political subdivision of the state fails to obtain delivery of the payment bond required by statute, any person who has not been paid by the contractor shall have the same right of action against such political subdivision of the state as such person would have had against a surety. Statutory Citation: Connecticut General Statutes, Title 49, Chapter 847, §§49-41 to 49-42. DELAWARE Amount of Bond: 100 percent of the contract price.
Examples of Notice Required in a sentence
Notice Required, the Engineer and the Contractor will negotiate in good faith to attempt to resolve the Issue.
Immediate Notice Required: Subcontractor shall immediately notify Contractor orally of any accident or occurrence resulting in damage to property of another, or injury to the Subcontractor’s employees or third party.
Notice Required – GPMTD shall give written notice of any defect to Contractor.
Paragraph 5(1)(b) – Notice Required at Discretion of CPAB Paragraph 5(1)(b) of the Instrument requires a participating audit firm to deliver a notice to the regulator or, in Quebec, the securities regulatory authority, at the discretion of CPAB.
Immediate Notice Required: Subcontractor shall immediately notify Contractor orally of any accident or occurrence resulting in damage to property of another, or injury to the Subcontractor's employees or third party.
More Definitions of Notice Required
Notice Required. No special statutory provision, review bond for timeframes. Time for Suit: If the bond so provides, no suit on the bond shall be commenced after the expiration of one year following the date which the successful bidder ceased work on the contract. Otherwise, suits may be commenced at any time within three years following the date the last work was performed on the contract. Contracts Excluded: A special state body, the Contracting and Purchasing Advisory Council, sets the threshold amount for “large public works” where bonds are required. Penalty for Failure to Take Bond: No special statutory provision. Statutory Citation: Delaware Code Annotated, Title 29, Chapter 69, §6962. DISTRICT OF COLUMBIA Amount of Bond: 100% of the prime contract amount if over $100,000, but can be reduced by the Contract Procurement Officer to one-half of the total amount payable by the terms of the prime contract. The Contract Procurement Officer can substitute a letter of credit for a contractor that is a non-profit corporation, licensed and doing business as a general contractor for at least five years and has a net worth of at least one million dollars. Labor and Material Covered: Labor or material furnished to the prime contractor or a subcontractor in performance of work in the prime contract, including lessors of equipment.
Notice Required. A claimant, except a laborer, who is not in privity with the contractor shall, within 45 days after beginning to furnish labor, material or supplies for the prosecution of such work, furnish the contractor with a notice that he intends to look to the bond for pro- tection; if the claim includes sums for retainage, the notice must specify the portion of the amount claimed for retainage. A claimant who is or is not in privity with the contractor and who has not received payment for his labor, material or supplies, shall within 90 days after performance of the labor or after complete delivery of all the materials and supplies, deliver to the contractor and the surety written notice of the performance of the labor or delivery of the material and supplies, of the nonpayment and amount of nonpayment and that the claimant is looking to the bond for payment. Time for Suit: No action or suit shall be instituted or prosecuted against the contractor or against the surety on the bond required by the statute after one year from the performance of the labor or completion of delivery of the materials or supplies. The time for suit may be shortened by a contractor who files a Notice of Contest of Claim Against Payment Bond; a claimant upon whom such notice is served must institute suit to enforce the claim within 60 days of service of the notice.
Notice Required. No notice required if there is a direct contractual relationship with the general contractor. Those not under direct con- tract with the general contractor must give written notice of claim within 90 days after the date on which the last of the labor was performed or the last of the materials furnished. Time for Suit: All suits must be brought within one year after the completion of the project and acceptance by the public authority. Contracts Excluded: Less than $100,000. However, public authority may require bond when the contract price is less than $100,000. Penalty for Failure to Take Bond: No special statutory provision. Statutory Citation: Official Code of Georgia, Title 13, Chapter 10, §§13-10-60 to 13-10-65. HAWAII Types of Projects: All public construction projects which exceed $25,000, require a bond equal to 100 percent of the contract price of construction. §103D-324 Labor and Material Covered: All labor and materials furnished to the contractor and used in the prosecution of the work provided for in such contract. §103D-324 Notice Required: Written notice shall be served by registered or certified mail to contractor and surety within 90 days from the date on which the person did or performed the last labor or furnished or supplied the last of the material for which claim is made, stating 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 to the contractor and surety at any place they maintain an office or conduct their business or in any manner authorized by law to serve summons. §103D-324 Time for Suit: Every suit instituted on a payment bond shall be brought within one year after the last labor was performed or material supplied for the work provided in the contract. §103D-324 Penalty for Failure to Take Bond: No special statutory provision. Statutory Citation: Hawaii Revised Statutes, Division 1, Title 9, Chapter 103D, §324. IDAHO Who May Claim: Before any contract equal to or greater than fifty thousand dollars for the construction, alteration, or repair of any public building or public work or improvement in the State of Idaho, a person shall furnish to the State of Idaho, or to such county, city, town, municipal corporation, township, school district, public educational institution, or other political subdivision, public authority, or public instrumentality, or to such officer, board, commission, inst...
Notice Required. No special statutory provision, so review bond to determine deadlines, except in connection with the improvement of highways. Time for Suit: On bonds other than state highway bonds, no action shall be brought on the bond after six months from the completion of the public improvement. On bonds given in connection with the construction, improvement, reconstruction and maintenance of the state highway system, no action may be brought after one year from the completion of the contract.
Notice Required. Any claimant who has a direct contractual relationship with any subcontractor but has no contractual relationship, express or implied, with the contractor must give written notice to the contractor within 120 days from the date on which the claimant performed the last of the labor or furnished the last of the materials for which he claims payment stating (1) the name and address of the subcontractor giving notice, (2) general description of the real property on which the labor was performed or material was furnished, (3) general description of the subcontractor’s contract, including names and addresses of the parties thereto, and (4) general description of the labor performed and material provided thereunder. This notice is required to be served by registered or certified mail, postage prepaid, in an envelope addressed to such contractor at any place where his office is regularly maintained for the transaction of business or served in any manner provided by law for the service of summons.
Notice Required. A person that has furnished labor or material for any public improvement for which a bond is furnished and has not been paid in full within 90 days after completion of the contribution of labor or materials may sue on the bond for the amount unpaid at the time of institution of suit. However, a person having a direct contractual relationship with a subcontractor, but no contractual relationship with the contractor furnishing the bond, does not have a claim for relief upon the bond unless that person has given written notice to the contractor, within 90 days from the date on which the person completed the contribution, stating with substantial accuracy the amount claimed and the name of the person for which the contribution was performed. The notice must be served by registered mail in an envelope addressed to the contractor at any place the contractor maintains an office, conducts business, or has a residence. (§48-01.2-11). Time for Suit: Any claim for any labor, material, or supply furnished for an improvement, upon which a suit is not commenced within one year after completion and acceptance of the project, is barred as a lien or claim against the contractor and the contractor’s surety and any right of setoff or counterclaim may be enforced in any court in this state against the governing body, the contractor, or the contractor’s surety. This chapter does not bar the right of any person who has furnished any labor, supply, or material to any subcontractor to enforce the claim against the subcontractor. (§48-01.2-12). Penalty for Failure to Take Bond: No penalty is codified. Statutory Citation: North Dakota Century Code, Title 48, Chapter 48-01.2, §§48-01.2-01 to 48-01.2-25. OHIO
Notice Required. A claimant who has a direct contractual relationship with any subcontractor of the prime contractor who gave a payment bond but has no contractual relationship with such prime contractor may bring an action on the payment bond only if he has given written notice to such contractor within 90 days from the date on which the claimant performed the last of the labor or furnished the last of the materials for which he claims payment, stating with substantial accuracy the amount claimed and the name of the person for whom the work was performed or to whom the material was furnished. Time for Suit: An action upon any payment or performance bond must be commenced after the expiration of 90 days, but within one year, after performance. Contracts Excluded: Under $5,000. Penalty for Failure to Take Bond: No statutory provisions. Statutory Citation: Pennsylvania Consolidated Statutes, Title 8, §§191-202. PUERTO RICO