§ 41-5-201 — Contractor's bond

Wyoming § 41-5-201

• Jurisdiction: Wyoming
• Title 41: Water
• Ch. 5: IRRIGATION GENERALLY
• Art. 2: BONDS AND LIENS FOR LABOR AND MATERIALS

Text

Whenever any ditch or canal company, or other owner or owners,
shall contract with any person, persons or corporation, for the
construction of its, his or their ditch, canal or reservoir, or
any part thereof, such company, owner or owners, shall take from
the person, persons or corporation with whom such contract is
made, a good and sufficient bond, conditioned that such
contractor or contractors shall pay or cause to be paid all
laborers, mechanics, material men, ranchmen, farmers, merchants
and other persons who supply such contractor or contractors, or
any of his or their subcontractors with labor, work, material,
or goods of any kind which shall enter into or become a part of
such irrigation works, which bonds shall be filed by such
company or other owner in the office of the county clerk in the
county where the principal work of such contractor shall be
carried on; and if any such ditch or canal company, or other
owner or owners, shall fail to take such bond, such ditch or
canal company or other owner or owners shall be liable to the
persons herein mentioned to the full extent of all such debts so
contracted by such contractor, or contractors, or any of his or
their subcontractors. Any such contractor or contractors may
take a similar bond from each subcontractor to secure the
payment of all debts of the kind above mentioned incurred by
him, and file the same as above provided. All such persons
mentioned in this section to whom any debt of the kind above
mentioned shall be due from any contractor or subcontractor
shall severally have a right of action upon any such bond
covering such debt taken as herein provided for the recovery of
the full amount of such debt. Provided, however, that in order
that the right of action upon such bonds may exist, such persons
or parties herein granted such right shall comply with either of
the following conditions, to-wit, first, an action in a court of
competent jurisdiction, in the county where such bond is filed,
shall be commenced within ninety (90) days after the last item
of indebtedness shall have accrued; or, second, an itemized
statement of the indebtedness duly verified, shall, within
ninety (90) days after the last item of such indebtedness shall
have accrued, be filed in the office of the county clerk of the
proper county; and an action shall be brought in any court of
competent jurisdiction of such county within three (3) months
after the filing of such statement. In case an action is
commenced upon the bond of a contractor liable for the claim,
and in such case the result of such action shall be binding upon
the subcontractor, and his sureties, and in any case when a
contractor has paid a claim for which a subcontractor is liable,
such contractor shall bring action against the subcontractor and
his sureties within sixty (60) days after the payment of such
claim.