§ 37-9-601 — Contractor's bond

Wyoming § 37-9-601

• Jurisdiction: Wyoming
• Title 37: Public Utilities
• Ch. 9: RAILROADS
• Art. 6: RECOVERY FOR LABOR OR SUPPLIES

Text

Whenever any railroad company shall contract with any person,
persons or corporation for the construction of its railroad or
any part thereof, the company shall take from the person,
persons, or corporation with whom a contract is made, a good and
sufficient bond, in some guarantee or surety company authorized
to do business in this state, conditioned that the contractor or
contractors shall pay or cause to be paid all laborers,
mechanics, materialmen, ranchmen, farmers, merchants, and other
persons who supply the contractor or contractors, or any of his
or their subcontractors, with labor, work, material, ranch or
farm products, provisions, goods or supplies of any kind, all
just debts incurred therefor in carrying on the work, which bond
shall be filed by the company in the office of the county clerk
in the county where the principal work of the contractor shall
be carried on; and if any railroad company shall fail to take a
bond, the railroad company shall be liable to the persons herein
mentioned to the full extent of all debts so contracted by the
contractor, or contractors, or any of his or their
subcontractors. Any contractor or contractors may take a similar
bond from each of his or their subcontractors to secure the
payment of all debts of the kind above mentioned, incurred by
him, and file the same as above provided. All 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 bond covering the debt
taken as herein provided for the recovery of the full amount of
the debt, and a certified copy of the bond shall be received as
evidence in any action; provided, however, that in order that
the right of action upon the bonds may exist, the person or
parties herein granted the right shall comply with either of the
following conditions, to-wit: First, an action in a court of
competent jurisdiction, in the county where the 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 the 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 the county within three (3) months after the
filing of the statement. In case an action is commenced upon the
bond of a contractor, the contractor may give notice thereof to
the subcontractor liable for the claim, and in a case the result
of the 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, the contractor shall bring
action against the subcontractor and his sureties within sixty
(60) days after the payment of the claim.