§ 38-22-130 — Payment of claims by surety

(1) Subcontractors, materialmen,
mechanics, and others who have claims aggregating two thousand dollars or less
each on construction projects for the improvement of real property as described in
section 38-22-101 (1) for which a bond was executed pursuant to section 38-22-129
shall serve upon the principal contractor and his surety an affidavit, supported by
all reasonably available documentary evidence, that a claimant has furnished labor
or materials used or performed in the prosecution of the work on such project, that
he has been unpaid therefor, and the amount of such claim. If after forty-five days
such affidavit remains uncontroverted, such surety shall pay to such claimant
forthwith the full value of his claim.

(2) Service of such affidavit may be accomplished by certified or registered
mail, by personal delivery to such person, or by leaving a copy at his residence or at
his place of business with some person in charge.

Legislative History

Source: L. 75: Entire section added, p. 1425, � 5, effective October 1.