Notice Required definition
Notice Required. Notice Required for Claim for Payment for Labor and Material. To recover in a suit on a payment bond for a claim for payment for public work labor performed or public work material delivered, a payment bond beneficiary must mail to the prime contractor and the surety written notice of the claim on or before the 15th day of the third month after each month in which any of the claimed labor was performed or any of the claimed material was delivered. The notice must be accompanied by a sworn statement of account that states in substance the amount claimed is just and correct, and all just and lawful offsets, payments and credits known to the affiant have been allowed. The statement of account shall include the amount of any retainage applicable to the account that has not become due under the terms of the public work contract between the payment bond beneficiary and the prime contractor or between the payment bond beneficiary and a subcontractor.
Notice Required. If a subcontractor or supplier has rights, then the subcontractor or supplier may only maintain an action if the claimant has, within 60 days after the first provision of labor or materials, notified the prime contractor in writing that the claimant has or will provide labor and materials on the project, except if the subcontractor or supplier is listed on the prime contractor’s contract with the public body. Time for Suit: No later than one year after the completion of the work under the contract.
Notice Required. No notice is required by a claimant having a contractual relationship, expressed or implied, with the principal contrac- tor. However, any claimant having a direct contractual relationship with a subcontractor but no contractual relationship, expressed or implied, with the contractor must give written notice to contractor within 90 days from the date on which claimant did or performed the last of the labor or furnished or supplied the last of the material for which the claim is made stating with substantial accuracy the amount claimed and the name of the party to whom material was furnished or supplied or for whom labor was done or performed. Time for Suit: In no event, may suit be commenced more than one year after the final settlement of the contract with respect to highway work. As to all other state construction, suit must be brought within one year after plaintiff last supplied materials or labor. Contracts Excluded: Under $10,000 (highway work). In the case of other public improvement contracts valued at $100,000 or less, the using agency may waive the bond requirements providing the using agency has protected the state. Penalty for Failure to Take Bond: No special statutory provision. Statutory Citation: South Carolina Code of Laws, Title 29, Chapter 5, §29-5-440. SOUTH DAKOTA Amount of Bond: Municipal improvement bonds may be issued for the total cost of the improvements. (S.D. Codified Laws §9-44-3). Labor and Material Covered: Labor and material used in the prosecution of the work provided for in the public contract. (S.D. Codified Laws §5-21-1).
Examples of Notice Required in a sentence
Notice Required, the Engineer and the Contractor will negotiate in good faith to attempt to resolve the Issue.
Immediate Notice Required: Subcontractor shall immediately notify Contractor orally of any accident or occurrence resulting in damage to property of another, or injury to the Subcontractor’s employees or third party.
Notice Required – GPMTD shall give written notice of any defect to Contractor.
Paragraph 5(1)(b) – Notice Required at Discretion of CPAB Paragraph 5(1)(b) of the Instrument requires a participating audit firm to deliver a notice to the regulator or, in Quebec, the securities regulatory authority, at the discretion of CPAB.
Immediate Notice Required: Subcontractor shall immediately notify Contractor orally of any accident or occurrence resulting in damage to property of another, or injury to the Subcontractor's employees or third party.
More Definitions of Notice Required
Notice Required. No special statutory provision, review bond for timeframes. Time for Suit: If the bond so provides, no suit on the bond shall be commenced after the expiration of one year following the date which the successful bidder ceased work on the contract. Otherwise, suits may be commenced at any time within three years following the date the last work was performed on the contract. Contracts Excluded: A special state body, the Contracting and Purchasing Advisory Council, sets the threshold amount for “large public works” where bonds are required. Penalty for Failure to Take Bond: No special statutory provision. Statutory Citation: Delaware Code Annotated, Title 29, Chapter 69, §6962. DISTRICT OF COLUMBIA Amount of Bond: 100% of the prime contract amount if over $100,000, but can be reduced by the Contract Procurement Officer to one-half of the total amount payable by the terms of the prime contract. The Contract Procurement Officer can substitute a letter of credit for a contractor that is a non-profit corporation, licensed and doing business as a general contractor for at least five years and has a net worth of at least one million dollars. Labor and Material Covered: Labor or material furnished to the prime contractor or a subcontractor in performance of work in the prime contract, including lessors of equipment.
Notice Required. A claimant must give the preliminary notice as required for stop payment notices for public works. (Civil Code, Time for Suit: Claimant must file suit not later than six months after the period in which stop notice payments must be served.
Notice Required. A person that has furnished labor or material for any public improvement for which a bond is furnished and has not been paid in full within 90 days after completion of the contribution of labor or materials may sue on the bond for the amount unpaid at the time of institution of suit. However, a person having a direct contractual relationship with a subcontractor, but no contractual relationship with the contractor furnishing the bond, does not have a claim for relief upon the bond unless that person has given written notice to the contractor, within 90 days from the date on which the person completed the contribution, stating with substantial accuracy the amount claimed and the name of the person for which the contribution was performed. The notice must be served by registered mail in an envelope addressed to the contractor at any place the contractor maintains an office, conducts business, or has a residence. (§48-01.2-11). Time for Suit: Any claim for any labor, material, or supply furnished for an improvement, upon which a suit is not commenced within one year after completion and acceptance of the project, is barred as a lien or claim against the contractor and the contractor’s surety and any right of setoff or counterclaim may be enforced in any court in this state against the governing body, the contractor, or the contractor’s surety. This chapter does not bar the right of any person who has furnished any labor, supply, or material to any subcontractor to enforce the claim against the subcontractor. (§48-01.2-12). Penalty for Failure to Take Bond: No penalty is codified. Statutory Citation: North Dakota Century Code, Title 48, Chapter 48-01.2, §§48-01.2-01 to 48-01.2-25. OHIO
Notice Required. A claimant who has a direct contractual relationship with any subcontractor of the prime contractor who gave a payment bond but has no contractual relationship with such prime contractor may bring an action on the payment bond only if he has given written notice to such contractor within 90 days from the date on which the claimant performed the last of the labor or furnished the last of the materials for which he claims payment, stating with substantial accuracy the amount claimed and the name of the person for whom the work was performed or to whom the material was furnished. Time for Suit: An action upon any payment or performance bond must be commenced after the expiration of 90 days, but within one year, after performance. Contracts Excluded: Under $5,000. Penalty for Failure to Take Bond: No statutory provisions. Statutory Citation: Pennsylvania Consolidated Statutes, Title 8, §§191-202. PUERTO RICO
Notice Required. A claimant must give the preliminary notice as required for mechanics liens and stop payment notices. (Civil Code,
Notice Required. A claimant, except a laborer, who is not in privity with the contractor shall, within 45 days after beginning to furnish labor, material or supplies for the prosecution of such work, furnish the contractor with a notice that he intends to look to the bond for pro- tection; if the claim includes sums for retainage, the notice must specify the portion of the amount claimed for retainage. A claimant who is or is not in privity with the contractor and who has not received payment for his labor, material or supplies, shall within 90 days after performance of the labor or after complete delivery of all the materials and supplies, deliver to the contractor and the surety written notice of the performance of the labor or delivery of the material and supplies, of the nonpayment and amount of nonpayment and that the claimant is looking to the bond for payment. Time for Suit: No action or suit shall be instituted or prosecuted against the contractor or against the surety on the bond required by the statute after one year from the performance of the labor or completion of delivery of the materials or supplies. The time for suit may be shortened by a contractor who files a Notice of Contest of Claim Against Payment Bond; a claimant upon whom such notice is served must institute suit to enforce the claim within 60 days of service of the notice.
Notice Required. Any claimant who has a direct contractual relationship with any subcontractor but has no contractual relationship, express or implied, with the contractor must give written notice to the contractor within 120 days from the date on which the claimant performed the last of the labor or furnished the last of the materials for which he claims payment stating (1) the name and address of the subcontractor giving notice, (2) general description of the real property on which the labor was performed or material was furnished, (3) general description of the subcontractor’s contract, including names and addresses of the parties thereto, and (4) general description of the labor performed and material provided thereunder. This notice is required to be served by registered or certified mail, postage prepaid, in an envelope addressed to such contractor at any place where his office is regularly maintained for the transaction of business or served in any manner provided by law for the service of summons.