Before beginning work on the contract for the public work, the contractor on whose behalf the payment and performance bonds were issued must file both bonds with the treasurer, board, or officer having financial management of the public body named in the bonds. The payment and performance bonds must list the address of the contractor on whose behalf the bonds were issued and of the surety providing the bonds. The payment and performance bonds, if acceptable in form and content, must be approved by the board or officer having financial management of the public body, or by the public body's treasurer. The public body must make the payment and performance bonds available for inspection and copying upon request. An assignment, modification, or change of the contract, or change in the work covered by the contract, or an extension of time to complete the contract, does not release the sureties on the bonds.
Notes of Decisions
Am. Druggists Ins. v. Thompson Lumber Co., 349 N.W.2d 569 (Minn. Ct. App. 1984).
· cites it 4× “Minn.Stat. § 574.28 provides, “no assignment, modification, or change of the contract, or change in the work covered thereby, nor any extension of time for completion of the contract, shall release the sureties on the bond.”
Shaw Indus., Inc. v. Cmty. Coll. Dist. No. 515, 741 N.E.2d 642 (Ill. App. Ct. 2000).
· cites it 4× “28 of the Minnesota bond act ( Minn. Stat. § 574.28 (1990)), Green Electric was not required to perform the preconditions for a bond that did not exist.”
Judd Supply Co. v. Merchants & Mfrs. Ins. Co., 448 N.W.2d 895 (Minn. Ct. App. 1989).
· cites it 2× “Because the project was not a public work, Minn.Stat. § 574.28 does not apply. The foreclosure action precludes the inference that the City elected the bond option to benefit subcontractors.”
Edward Kraemer & Sons, Inc. v. Ashbach Constr. Co., 608 N.W.2d 559 (Minn. Ct. App. 2000).
· cites it 10× “Minn.Stat. § 574.28 (1998). If the contractor fails “to state its address or the address of the surety,” the claimant need not provide “the surety or the contractor written notice of its claim * * * .”
Saf. Signs, LLC v. Niles-Wiese Constr. Co., 840 N.W.2d 34 (Minn. 2013).
· cites it 2× “2(a); see also Minn.Stat. § 574.28. If the contractor fails to provide these addresses "then a claimant under the bond need not provide either the surety or the contractor written notice of its claim under paragraph (a).”
Local Oil Co., Inc. v. City of Anoka, 225 N.W.2d 849 (Minn. 1975).
“01 or in the alternative a money judgment against the city under § 574.28 because of the city’s failure to require a bond prescribed by § 574.”
Shaw Indus., Inc. v. Cmty. Coll. Dist. No. 515 (Ill. App. Ct. 2000).
· cites it 3× “28 of the Minnesota bond act ( Minn. Stat. §574.28 (1990)), Green Electric was not required to perform the preconditions for a bond that did not exist.”
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