§ 37-12-2 - Rights of persons furnishing labor and materials.
SECTION 37-12-2
§ 37-12-2 Rights of persons furnishinglabor and materials. – Every person who shall have performed labor and every person who shall havefurnished or supplied labor, material, or equipment in the prosecution of thework provided for in the contract, in respect of which a payment bond isfurnished under § 37-12-1, and who has not been paid in full thereforbefore the expiration of a period of ninety (90) days after the day on whichthe last of the labor was performed or furnished by him or her, or material orequipment furnished or supplied by him or her for which a claim is made, shallhave the right to sue on the payment bond for the amount, or the balancethereof, unpaid at the time of institution of the suit and to prosecute theaction to final execution and judgment for the sum or sums justly due him orher; provided, however, that any person having direct contractual relationshipwith a subcontractor but no contractual relationship express or implied withthe contractor furnishing the payment bond shall have a right of action uponthe payment bond upon giving written notice to the contractor within ninety(90) days from the date on which the person furnished or performed the last ofthe labor, or furnished or supplied the last of the material or equipment forwhich the claim is made, stating with substantial accuracy the amount claimedand the name of the party to whom the labor was furnished or performed or thematerial or equipment was furnished or supplied. The notice shall be served bymailing the same by certified mail, postage prepaid, in an envelope addressedto the contractor at any place he or she maintains an office, conducts his orher business, or his or her residence.