Missouri Revised Statutes

Mo. Rev. Stat. § 107.170 (2026)

Bond

✓ current as of May 2026

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107.170. Bond — public works contractor — definitions — amount of bond — defense of employees from suit, exceptions — nongovernmental services, bond not required — bond precludes filing of mechanic's lien. — 1. As used in this section, the following terms mean:

(1) "Contractor":

(a) A person or business entity who:

a. Provides or arranges for construction services on a public works project under contract to a public entity for a governmental purpose; or

b. Contracts, provides, or arranges for construction services on a public works project for a nongovernmental purpose when acting as a lessee, agent, designee, or representative of a public entity;

(b) Contractor shall not include:

a. Professional engineers, architects or land surveyors licensed pursuant to chapter 327;

b. Those who provide environmental assessment services;

c. Those who design, create or otherwise provide works of art under a city's formally established program for the acquisition and installation of works of art and other aesthetic adornments to public buildings and property; or

d. A construction manager not-at-risk within the meaning of section 8.675, or who does not otherwise enter into contracts with contractors for the furnishing of labor, materials, or services to the public works project;

(2) "Public entity", this state; any county, city, town, township, municipality, school district, or other political subdivision of this state; or any official, board, commission, or agency of any of the preceding entities;

(3) "Public official", any official, officer, employee, or member of a governing body or board of a public entity, whether elected, employed, or appointed, and any person serving in a capacity that could, under applicable law or at equity, be personally liable for the failure to require the furnishing of a payment bond under this section;

(4) "Public works", the erection, construction, alteration, repair or improvement of any building, road, street, public utility or other public facility owned by the public entity, including work for nongovernmental purposes.

2. It is hereby made the duty of all public entities in this state, in making contracts for public works exempt from attachment and execution under section 513.455, the cost of which is estimated to exceed fifty thousand dollars, to be performed for:

(1) The public entity; or

(2) The public entity's lessee, agent, designee, or representative on work for nongovernmental purposes,

to require every contractor for such work to furnish to the public entity a bond with good and sufficient sureties, in an amount fixed by the public entity. Such bond, among other conditions, shall be conditioned for the payment of any and all materials, incorporated, consumed or used in connection with the construction of such work; all insurance premiums, both for compensation, and for all other kinds of insurance, on said work; and for all labor performed in such work whether by a subcontractor, a supplier at any tier, or otherwise. Remote suppliers shall not be entitled to recovery under the bond required by this section, unless such suppliers shall have given written notice to the contractor that it has not been paid within ninety days of the time the supplier last supplied materials on the public works project. For purposes of this provision, a "remote supplier" is any material supplier to a public works project having a contract with a second, or lower, tier subcontractor, or with another material supplier of any tier.

3. All bonds executed and furnished under the provisions of this section shall be deemed to contain the requirements and conditions as herein set out, regardless of whether the same be set forth in said bond, or of any terms or provisions of said bond to the contrary notwithstanding.

4. Nothing in this section shall be construed to require a public official to independently confirm the existence or solvency of any bonding company if a contractor represents to the public official that the bonding company is solvent and that the representations made in the purported bond are true and correct. This subsection shall not relieve from any liability any public official who has any actual knowledge of the insolvency of any bonding company, or any public official who does not act in good faith in complying with the provisions of subsection 2 of this section.

5. A public entity may defend, save harmless and indemnify any of its public officials, whether elected, employed, or appointed, against any claim or demand, whether groundless or otherwise arising out of an alleged act or omission occurring in the performance of a duty under this section. The provisions of this subsection do not apply in case of malfeasance in office or willful or wanton neglect of duty.

6. If consent that meets the requirements of subsection 2 of section 513.455 has been executed and recorded as therein required, no bond is required to be furnished under this section.

7. Nothing in this section shall be deemed to require any public entity's lessee, agent, designee, or representative that contracts with a contractor to provide construction services for a public works project intended be leased primarily to a private entity for nongovernmental use to furnish a bond when the contractor is required to furnish a bond under this section or in fact furnishes a complying bond.

8. The providing of a bond under this section shall preclude the filing of a mechanic's lien under chapter 429 by any subcontractor or supplier. Any mechanic's lien filed in violation hereof shall be void and unenforceable and shall be summarily discharged by a judge of the county in which the mechanic's lien is filed.

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(RSMo 1939 § 3277, A.L. 1959 S.B. 294, A.L. 1993 S.B. 278, A.L. 1994 H.B. 1063, A.L. 1995 H.B. 622, A.L. 1997 S.B. 437, A.L. 2014 S.B. 529, A.L. 2019 S.B. 167, A.L. 2025 H.B. 199)

Prior revisions: 1929 § 2890; 1919 § 1040; 1909 § 1247

CROSS REFERENCES:

Actions on such bonds, how brought, 522.300

Wage rates to be paid employees on construction of public works, 290.210 to 290.340

(1993) If county commission fails to obtain payment bond from contractor on public works project as required by statute, such failure exposes county commissioners to liability for payment of mechanics' lien filed by materialman when materialman furnished materials for project in good faith. National Oil and Supply, Inc. v. Vaughts, Inc., 856 S.W.2d 912 (Mo. App. S.D.).

(2000) Railroad relocation project was "public works project" within meaning of section. Union Pacific Railroad Co. v. St. Louis Marketplace, 212 F.3d 386 (8th Cir.).

(2008) This section and section 429.010 are intended to provide inclusive protection to those furnishing labor and materials for public benefit. Collins & Hermann, Inc. V. TM2 Construction Co., 263 S.W.3d 793 (Mo.App.E.D.).

Notes of Decisions

Cited in 40 cases (1 in the last 5 years), 1961–2022 · leading case: Brentwood Glass Co., Inc. v. Pal's Glass Serv., Inc., Clayco, Inc., Cornerstone VI, LLC, St. Louis Cnty., Nat'l City Bank of the Midwest, N.A., Paul M. Macon, UMB Bank, N.A., & Victor Zarilli, 499 S.W.3d 296 (Mo. 2016).

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Brentwood Glass Co., Inc. v. Pal's Glass Serv., Inc., Clayco, Inc., Cornerstone VI, LLC, St. Louis Cnty., Nat'l City Bank of the Midwest, N.A., Paul M. Macon, UMB Bank, N.A., & Victor Zarilli, 499 S.W.3d 296 (Mo. 2016). · cites it 30× “In count IX, Brentwood Glass asserted an action against the County for allegedly failing to require a payment bond pursuant to section 107.170. Pal’s Glass admitted to owing $593,261.”

Redbird Eng'g Sales, Inc. v. Bi-State Dev. Agency, 806 S.W.2d 695 (Mo. Ct. App. 1991). · cites it 44× “After the trial court dismissed that petition, Redbird filed an amended petition: (1) to impose a lien against the funds Bi-State had deposited with the bankruptcy court; (2) for damages for Bi-State’s failure to require River City to furnish a contractor’s bond under Section…”

Collins & Hermann, Inc. v. TM2 Constr. Co., 263 S.W.3d 793 (Mo. Ct. App. 2008). · cites it 49× “Subcontractors obtained leave to file amended petitions alleging AmerenUE is liable under the Public Works Bond Statute (Section 107.170, RSMo 2000 1 ) The trial court entered its judgment in favor of Subcontractors on the bond statute claims.”

Septagon Constr. Co. Inc.-Columbia v. Indus. Dev. Auth., 521 S.W.3d 616 (Mo. Ct. App. 2017). · cites it 24× “They asserted that the EDC, the RDC, and the Authority were entitled to judgment as a matter of law on Stockman’s claim for violation of the public works payment bond statute, section 107.170, because there was no public works contract between those entities and Stockman and…”

Energy Masters Corp. v. Fulson, 839 S.W.2d 665 (Mo. Ct. App. 1992). · cites it 18× “The theory of the claim pleaded by EMC against the Directors was that, under § 107.170, RSMo 1986, in making contracts for public works, the individuals who were the Board of Directors of the School Dis *667 trict had the duty to require every contractor for such work to furnish…”

Thomas v. A.G. Elec., Inc., 304 S.W.3d 179 (Mo. Ct. App. 2009). · cites it 14× “The pertinent requirements here are those in the Act itself and those that are set forth in the general public-works bond statute, Section 107.170. At the time the general contractor secured the two bonds at issue in this case, the Prevailing Wage Act contained the following…”

Sch. Dist. of Springfield R-12 Ex Rel. Midland Paving Co. v. Transamerica Ins. Co., 633 S.W.2d 238 (Mo. Ct. App. 1982). · cites it 10× “Because the performance and payment bond was executed by DeWitt-Newton (the prime contractor) pursuant to the requirement of § 107.170, RSMo 1978, [1] this litigation was instituted by the obligee as provided by § 522.”

First State Bank v. Reorganized Sch. Dist. R-3, Bunker, 495 S.W.2d 471 (Mo. Ct. App. 1973). · cites it 20× “) for a "performance" bond as required by § 107.170. The application recites that the contractor then had four building contracts "on hand", two of which were partially complete.”

Frank Powell Lumber Co. v. Fed. Ins. Co., 817 S.W.2d 648 (Mo. Ct. App. 1991). · cites it 18× “Its terms included a requirement that unless a subcontractor claimant gave written notice to the owner or the surety within 90 days of performing the last work on the project, "[n]o suit or action shall be commenced.”

Johnson Controls, Inc. v. Citizens Mem'l Hosp. Dist., 952 S.W.2d 791 (Mo. Ct. App. 1997). · cites it 25× “Plaintiff sought to impose liability upon Defendants for failing to require the principal contractor to furnish a payment bond, as provided in Section 107.170, RSMo Supp.1993 (since amended, see Section 107.”

S & W Cabinets, Inc. v. Consol. Sch. Dist. No. 6, 901 S.W.2d 266 (Mo. Ct. App. 1995). · cites it 13× “1 Plaintiff filed suit against School District and the board members alleging they were liable to Plaintiff for failing to require Morrill to furnish a bond with “good and sufficient sureties” pursuant to § 107.170, RSMo 1986. School District and the board members filed a Joint…”

Maurer v. Werner, 748 S.W.2d 839 (Mo. Ct. App. 1988). · cites it 12× “Plaintiff then filed this suit against defendant, the former Building Commissioner, alleging that he had obtained a judgment against the demolition contractor, but the contractor had not paid him for equipment and labor provided, and that defendant had failed to require the…”

Show all 40 citing cases →

— Mo. Rev. Stat. § 107.170(1) — 1 case

City of St. Louis ex rel. Atlas Plumbing Supply Co. v. Aetna Cas. & Sur. Co., 444 S.W.2d 513 (Mo. Ct. App. 1969).

— Mo. Rev. Stat. § 107.170(2) — 1 case

Septagon Constr. Co. Inc.-Columbia v. Indus. Dev. Auth., 521 S.W.3d 616 (Mo. Ct. App. 2017). “They asserted that the EDC, the RDC, and the Authority were entitled to judgment as a matter of law on Stockman’s claim for violation of the public works payment bond statute, section 107.170, because there was no public works contract between those entities and Stockman and…”

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