§ 10-3-21. Sureties — Bound to arbitration award on construction contract.
(a) If a contractor principal on a bond furnished to guarantee performance or payment
on a construction contract and the claimant are parties to a written contract with
a provision to submit to arbitration any controversy thereafter arising under the
contract, the arbitration provisions shall apply to the surety for all disputes involving
questions of the claimant's right of recovery against the surety. Either the claimant,
the contractor principal, or surety may demand arbitration in accordance with the
written contract in one arbitration proceeding. The arbitration a
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§ 10-3-21. Sureties — Bound to arbitration award on construction contract.
(a) If a contractor principal on a bond furnished to guarantee performance or payment
on a construction contract and the claimant are parties to a written contract with
a provision to submit to arbitration any controversy thereafter arising under the
contract, the arbitration provisions shall apply to the surety for all disputes involving
questions of the claimant's right of recovery against the surety. Either the claimant,
the contractor principal, or surety may demand arbitration in accordance with the
written contract in one arbitration proceeding. The arbitration award shall decide
all controversies subject to arbitration between the claimant, on the one hand, and
the contractor principal and surety on the other hand, including all questions involving
liability of the contractor principal and surety on the construction bond, but a claimant
must file suit for recovery against the surety within the time limits set forth by
law or by the terms of the bond when there are no applicable statutory provisions.
The arbitration shall be in accordance with § 10-3-1 et seq. and the court shall enter judgment on the arbitration as provided in the
agreement.
(b) The arbitrator or arbitrators, if more than one, shall make findings of fact as to
the compliance with the requirements for recovery against the surety, and those findings
of fact shall be a part of the award binding on all parties to the arbitration.