§ 107.170 — Bond — public works contractor — definitions — amount of bond — defense of employees from suit, exceptions — nongovernmental services, bond not required — bond precludes filing of mechanic's lien.

Missouri § 107.170

• Jurisdiction: Missouri
• Title VIII: PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS
• Ch. 107: Bonds of Officers and Contractors for Public Works

Text

1.  As used in this section, the following terms mean:

(1) "Contractor" :

(a)  A person or business entity who:

a.  Provides or arranges for construction services on a public works project under contract to a public entity for a governmental purpose; or

b.  Contracts, provides, or arranges for construction services on a public works project for a nongovernmental purpose when acting as a lessee, agent, designee, or representative of a public entity;

(b)  Contractor shall not include:

a.  Professional engineers, architects or land surveyors licensed pursuant to chapter 327 ;

b.  Those who provide environmental assessment services;

c.  Those who design, create or otherwise provide works of art under a city's formally established program for the acquisition and installation of works of art and other aesthetic adornments to public buildings and property; or

d.  A construction manager not-at-risk within the meaning of section 8.675 , or who does not otherwise enter into contracts with contractors for the furnishing of labor, materials, or services to the public works project;

(2) "Public entity" , this state; any county, city, town, township, municipality, school district, or other political subdivision of this state; or any official, board, commission, or agency of any of the preceding entities;

(3) "Public official" , any official, officer, employee, or member of a governing body or board of a public entity, whether elected, employed, or appointed, and any person serving in a capacity that could, under applicable law or at equity, be personally liable for the failure to require the furnishing of a payment bond under this section;

(4) "Public works" , the erection, construction, alteration, repair or improvement of any building, road, street, public utility or other public facility owned by the public entity, including work for nongovernmental purposes.

2.  It is hereby made the duty of all public entities in this state, in making contracts for public works exempt from attachment and execution under section 513.455 , the cost of which is estimated to exceed fifty thousand dollars, to be performed for:

(1)  The public entity; or

(2)  The public entity's lessee, agent, designee, or representative on work for nongovernmental purposes,

3.  All bonds executed and furnished under the provisions of this section shall be deemed to contain the requirements and conditions as herein set out, regardless of whether the same be set forth in said bond, or of any terms or provisions of said bond to the contrary notwithstanding.

4.  Nothing in this section shall be construed to require a public official to independently confirm the existence or solvency of any bonding company if a contractor represents to the public official that the bonding company is solvent and that the representations made in the purported bond are true and correct.  This subsection shall not relieve from any liability any public official who has any actual knowledge of the insolvency of any bonding company, or any public official who does not act in good faith in complying with the provisions of subsection 2 of this section.

5.  A public entity may defend, save harmless and indemnify any of its public officials, whether elected, employed, or appointed, against any claim or demand, whether groundless or otherwise arising out of an alleged act or omission occurring in the performance of a duty under this section.  The provisions of this subsection do not apply in case of malfeasance in office or willful or wanton neglect of duty.

6.  If consent that meets the requirements of subsection 2 of section 513.455 has been executed and recorded as therein required, no bond is required to be furnished under this section.

7.  Nothing in this section shall be deemed to require any public entity's lessee, agent, designee, or representative that contracts with a contractor to provide construction services for a public works project intended be leased primarily to a private entity for nongovernmental use to furnish a bond when the contractor is required to furnish a bond under this section or in fact furnishes a complying bond.

8.  The providing of a bond under this section shall preclude the filing of a mechanic's lien under chapter 429 by any subcontractor or supplier.  Any mechanic's lien filed in violation hereof shall be void and unenforceable and shall be summarily discharged by a judge of the county in which the mechanic's lien is filed.

Legislative History

(RSMo 1939 § 3277, A.L. 1959 S.B. 294, A.L. 1993 S.B. 278, A.L. 1994 H.B. 1063, A.L. 1995 H.B. 622, A.L. 1997 S.B. 437, A.L. 2014 S.B. 529, A.L. 2019 S.B. 167, A.L. 2025 H.B. 199) Prior revisions: 1929 § 2890; 1919 § 1040; 1909 § 1247 Actions on such bonds, how brought,522.300 Wage rates to be paid employees on construction of public works,290.210 to 290.340 (1993) If county commission fails to obtain payment bond from contractor on public works project as required by statute, such failure exposes county commissioners to liability for payment of mechanics' lien filed by materialman when materialman furnished materials for project in good faith.  National Oil and Supply, Inc.  v. Vaughts, Inc., 856 S.W.2d 912 (Mo. App. S.D.). (2000) Railroad relocation project was "public works project" within meaning of section.  Union Pacific Railroad Co. v. St. Louis Marketplace, 212 F.3d 386 (8th Cir.). (2008) This section and section 429.010 are intended to provide inclusive protection to those furnishing labor and materials for public benefit.  Collins & Hermann, Inc. V. TM2 Construction Co., 263 S.W.3d 793 (Mo.App.E.D.).