Claims for labor or material furnished or equipment supplied — Suit on contractor’s payment bond — Procedure — Limitation.
Every claimant who has furnished labor or material or rented, leased, or otherwise supplied equipment in the prosecution of the work provided for in such contract in respect of which a payment bond is furnished under this act, and who has not been paid in full therefor before the expiration of a period of ninety (90) days after the day on which the last of the labor was done or performed by him or material or equipment was furnished or supplied by him for which such claim is made, shall have the right to sue on such payment bond for the amount, or the balance thereof, unpaid at the time of institution of such suit and to prosecute such action to final judgment for the sum or sums justly due him and have execution thereon; provided, however, that any such claimant having a direct contractual relationship with a subcontractor of the contractor furnishing such payment bond but no contractual relationship expressed or implied with such contractor shall not have a right of action upon such payment bond unless he has given written notice to such contractor within ninety (90) days from the date on which such claimant performed the last of the labor or furnished or supplied the last of the material for which such claim is made, stating with substantial accuracy the amount claimed and the name of the person to whom the material or equipment was furnished or supplied or for whom the labor was done or performed. Each notice shall be served by mailing the same by registered or certified mail, postage prepaid, in an envelope addressed to the contractor at any place he maintains an office or conducts his business or at his residence.
The contracting body and the agent in charge of its office, is authorized and directed to furnish, to anyone making application therefor who submits an affidavit that he has supplied labor, equipment, or materials for such work and payment therefor has not been made or that he is being sued on any such bond, or that it is the surety thereon, a certified copy of such bond and the contract for which it was given, which copy shall be prima-facie evidence of the contents, execution, and delivery of the original. Applicants shall pay for such certified copies such reasonable fees as the contracting body or the agent in charge of its office fixes to cover the actual cost of the preparation thereof.
Every suit instituted on the aforesaid payment bond shall be brought in appropriate court in any county in which the contract was to be performed and not elsewhere; provided, however, that no such suit shall be commenced after the expiration of one (1) year from the date on which the claimant performed the last of the labor or furnished or supplied the last of the material or equipment for which such suit is brought, except, that if the claimant is a subcontractor of the contractor, no such suit shall be commenced after the expiration of one (1) year from the date on which final payment under the subcontract became due.
Notes of Decisions
Evco Sound & Elec., Inc. v. Seaboard Sur. Co., 223 P.3d 740 (Idaho 2009).
· cites it 30× “This is an appeal from a judgment holding a surety liable for sums owed to a sub-subcontractor under a payment bond issued pursuant to Idaho Code § 54-1927 . The surety contends that there was insufficient evidence to find that the subcontractor and sub-subcontractor had entered…”
Beco Corp. v. Roberts & Sons Constr. Co., 760 P.2d 1120 (Idaho 1988).
· cites it 8× “Beco's claim for attorney fees was based upon language in the payment bond supplied by Roberts & Sons surety, Continental Casualty Insurance Company.”
Oldcastle Precast, Inc. v. Parktowne Constr., Inc., 128 P.3d 913 (Idaho 2005).
· cites it 12× “If a person who provided labor or material or supplied equipment is not paid within the time specified in Idaho Code § 54-1927 , such person may sue on the payment bond "for the amount, or the balance thereof, unpaid at the time of institution of such suit.”
City of Weippe v. Yarno, 528 P.2d 201 (Idaho 1974).
· cites it 6× “" (emphasis added) I.C. § 54-1927 states in applicable part that every claimant who has furnished labor or material in the prosecution of a public works contract, and who has not been paid, can sue on the payment bond.”
LaGrand Steel Prods. Co. v. A.S.C. Constructors, Inc., 702 P.2d 855 (Idaho Ct. App. 1985).
· cites it 6× “The district court noted that a supplier may recover against the bond only if the materials have been furnished to a “subcontractor” as defined in I.C. § 54-1927. The court held that Steel Management was not such a subcontractor and, therefore, LaGrand could not recover.”
Eimco Div. v. United Pac. Ins., 710 P.2d 672 (Idaho Ct. App. 1985).
· cites it 10× “Idaho Code § 54-1927 provides, in pertinent part, as follows: [No suit upon a payment bond] shall be commenced after the expiration of one (1) year from the date on which the claimant performed the last of the labor or furnished or supplied the last of the material or equipment…”
Interform Co. v. Mitchell, 575 F.2d 1270 (9th Cir. 1978).
· cites it 3× “Both section 270b of the Miller Act, and Idaho Code § 54-1927 grant a right of action on a payment bond, securing the obligations of a prime contractor, to a claimant who has a “contractual relationship express or implied” with a prime contractor, and, when the relationship is…”
Figueroa v. Kit-San Co., 845 P.2d 567 (Idaho Ct. App. 1992).
· cites it 2× “Both submitted claims under I.C. § 54-1927 against Kit-San’s performance bond and filed complaints on February 8, 1985, and March 8, 1985, respectively.”
Consol. Supply Co. v. Babbitt, 534 P.2d 466 (Idaho 1975).
· cites it 4× “I.C. § 54-1927 also limits the time within which the action may be brought on the bond: (a) to one year after the date the claimant supplied the last of the materials for which the action is brought; or (b) alternatively, to one year from the date the final payment under a…”
City of Weippe v. Yarno, 486 P.2d 268 (Idaho 1971).
· cites it 2× “I.C. § 54-1927 reads in part: “Every suit instituted on the aforesaid payment bond shall be brought in appropriate court in any county in which the contract was to be performed and not elsewhere; provided, however, that no such suit shall be commenced after the expiration of one…”
Consol. Concrete Co. v. Empire West Constr. Co., 596 P.2d 106 (Idaho 1979).
· cites it 2× “I.C. § 54-1927 provides in pertinent part that “Every claimant who has furnished labor or material in the prosecution of the work provided for in such contract in respect of which a payment bond is furnished under this act, and who has not been paid in full therefor before the…”
Sch. Dist. No. 91, Bonneville Cnty. v. Taysom, 495 P.2d 5 (Idaho 1972).
· cites it 4× “In light of these circumstances, we conclude that the notice given in this case substantially complied with the requirements of I.C. § 54-1927. The seventh and final assignment of error attacks the rulings of the trial court admitting into evidence reproductions *604 of the…”
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