40 U.S.C. § 3133 : US Code - Section 3133: Rights of persons furnishing labor or material

Search 40 U.S.C. § 3133 : US Code - Section 3133: Rights of persons furnishing labor or material

(a) Right of Person Furnishing Labor or Material to Copy of Bond.
- 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.
(b) Right to Bring a Civil Action. -
(1) In general. - 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.
(2) Person having direct contractual relationship with a
subcontractor. - 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 -
(A) 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
(B) in any manner in which the United States marshal of the
district in which the public improvement is situated by law may
serve summons.
(3) Venue. - A civil action brought under this subsection must
be brought -
(A) in the name of the United States for the use of the
person bringing the action; and
(B) 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.
(4) Period in which action must be brought. - 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.
(5) Liability of federal government. - The Government is not
liable for the payment of any costs or expenses of any civil
action brought under this subsection.
(c) A waiver of the right to bring a civil action on a payment
bond required under this subchapter is void unless the waiver is -
(1) in writing;
(2) signed by the person whose right is waived; and
(3) executed after the person whose right is waived has
furnished labor or material for use in the performance of the
contract.