Missouri Revised Statutes

Mo. Rev. Stat. § 522.300 (2026)

Suit on bond

✓ current as of May 2026

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522.300. Suit on bond — proceedings. — Every person furnishing material or performing labor, either as an individual or as a subcontractor for any contractor, with the state, or any county, city, town, township, school or road district, where bond shall be executed as provided in section 107.170, shall have the right to sue on such bond in the name of the state, county, city, town, township, school or road district, for his use and benefit, and in such suit the plaintiff shall file a copy of such bond, certified by the party or parties in whose charge such bond shall be, which copy shall, unless execution thereof be denied under oath, be prima facie evidence of the execution and delivery of the original; provided, however, this section and section 107.170 shall not be taken to in any way make the state, county, city, town, township, school or road district liable to such subcontractor, materialman or laborer to any greater extent than it was liable under the law as it stood before the adoption originally of said sections.

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(RSMo 1939 § 3278)

Prior revisions: 1929 § 2891; 1919 § 1041; 1909 § 1248

Notes of Decisions

Cited in 13 cases, 1961–2012 · leading case: Thomas v. A.G. Elec., Inc., 304 S.W.3d 179 (Mo. Ct. App. 2009).

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Thomas v. A.G. Elec., Inc., 304 S.W.3d 179 (Mo. Ct. App. 2009). · cites it 4× “” Section 290.300. Moreover, workers on public-works construction projects have the right to sue on any bond executed pursuant to Section 107.”

Murphy v. City of Springfield, 738 S.W.2d 521 (Mo. Ct. App. 1987). · cites it 5× “4) prohibits payment of claims for work and materials furnished where there is no authorized contract, and because American did not avail itself of its statutory remedy under Section 522.300, RSMo.” We first discuss the effect of the Missouri Constitutional provision cited.”

City of Univ. City Ex Rel. MacKey v. Frank Miceli & Sons Realty & Bldg. Co., 347 S.W.2d 131 (Mo. 1961). · cites it 6× “Section 522.300 permits persons “furnishing material or performing labor” to sue on the bonds of contractors performing public works for the state, county or cities.”

Hous. Auth. of Clinton Ex Rel. Evans Elec. Constr. Co. v. Baumann, 512 S.W.2d 436 (Mo. Ct. App. 1974). · cites it 3× “” Under the specific terms of Section 522.300 RSMo 1969, V.A.M.S., Evans was given the right as subcontractor to sue on such bond furnished under Section 107.”

Bd. v. Eurostyle, Inc., 998 S.W.2d 810 (Mo. Ct. App. 1999). · cites it 2× “See § 522.300. Safeco’s bond was executed pursuant to § 107.”

State ex rel. Fager & Friesen Ins. Agency v. Storms-Green Constr. Co., 382 S.W.2d 812 (Mo. Ct. App. 1964). · cites it 5× “, and therefore plaintiffs were not beneficiaries under defendants’ performance bond and have no cause of action under Section 522.300 RSMo 1949, V.A.M.S. As stated, Section 107.”

State ex rel. Griffin v. R.L. Persons Constr., Inc., 193 S.W.3d 424 (Mo. Ct. App. 2006). · cites it 3× “See § 522.300. 5 He sought the relief provided by section 290.”

City of St. Louis ex rel. Atlas Plumbing Supply Co. v. Aetna Cas. & Sur. Co., 444 S.W.2d 513 (Mo. Ct. App. 1969). · cites it 4× “Section 522.300, RSMo 1959, V.A.M.S., gives the material-man a right of action on such a bond, but the statute contains no limitation upon the time within which an action shall be brought on the statutory bond.”

State ex rel. Francesconi v. Aetna Cas. & Sur. Co., 350 S.W.2d 418 (Mo. Ct. App. 1961). · cites it 2× “Section 522.300 authorizes a person furnishing such labor or materials to sue on that bond in the name of the state.”

Reorganized Sch. Dist. R-3, Potosi ex rel. Ahrens & McCarron, Inc. v. L. D. Compton Constr. Co., 483 S.W.2d 674 (Mo. Ct. App. 1972). · cites it 2× “Section 522.300 confers on those performing labor or furnishing materials in public building" projects the right to sue in the name of the public body for his use or benefit to recover the amount due him.”

City of Kansas City ex rel. Copper v. St. Paul Fire & Marine Ins. Co., 639 S.W.2d 903 (Mo. Ct. App. 1982). “170 and § 522.300, supra, should come within the state statute of limitations, § 516.”

Missouri Dep't of Transp. ex rel. on Point Contractors, LLC v. Aura Contracting, LLC, 391 S.W.3d 11 (Mo. Ct. App. 2012). · cites it 10× “300, denominated “Suit on bond-proceedings,” provides: Every person furnishing material or performing labor, either as an individual or as a subcontractor for any contractor, with the state, or any county, city, town, township, school or road district, where bond shall be…”

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