2.6. ERMUSR 03-15-2016 - Laserfiche WebLink

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12, No suit or action shall be commenced by a Claimant under S. The total amount due and unpaid to the this Bond other than in a court of competent jurisdiction in Claimant for labor, materials, or equipment the state in which the project that is the subject of the furnished as of the date of the Claim. Construction Contract is located or after the expiration of one year from the date(1)on which the Claimant sent a 16.2 Claimant. An individual or entity having a direct Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2,or contract with the Contractor or with a (2) on which the last labor or service was performed by subcontractor of the Contractor to furnish labor, anyone or the last materials or equipment were furnished materials,or equipment for use in the performance by anyone under the Construction Contract,whichever of of the Construction Contract. The term Claimant (1) or(2)first occurs_ If the provisions of this paragraph also includes any individual or entity that has are void or prohibited by law, the minimum period of rightfully asserted a claim under an applicable limitation available to sureties as a defense in the mechanic's lien or similar statute against the real jurisdiction of the suit shall be applicable. property upon which the Project is located. The intent of this Bond shall be to include without 13. Notice and Claims to the Surety, the Owner, or the limitation In the terms of labor, materials, or Contractor shall be mailed or delivered to the address equipment" that part of the water, gas, power, shown on the page on which their signature appears. light, heat, ail, gasoline, telephone service, or Actual receipt of notice or Claims,however accomplished, rental equipment used in the Construction shall be sufficient compliance as of the date received. Contract, architectural and engineering services required for performance of the work of the 14. When this Bond has been furnished to comply with a Contractor and the Contractor's subcontractors, statutory or other legal requirement in the location where and all other items for which a mechanic's lien may the construction was to be performed, any provision in be asserted in the jurisdiction where the labor, this Bond conflicting with said statutory or legal materials,or equipment were furnished. requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal 16.3 Construction Contract: The agreement between requirement shall be deemed incorporated herein. When the Owner and Contractor identified on the cover so furnished,the intent is that this Bond shall be construed page, including all Contract Documents and all as a statutory bond and not as a common law bond. changes made to the agreement and the Contract Documents, 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and 16.4 Owner Default: Failure of the Owner, which has Owner shall promptly furnish a copy of this Bond or shall not been remedied or waived, to pay the permit a copy to be made. Contractor as required under the Construction Contract or to perform and complete or comply 16, Definitions with the other material terms of the Construction Contract. 16.1 Claim: A written statement by the Claimant including at a minimum: 16.5 Contract Documents: AU the documents that comprise the agreement between the Owner and 1. The name of the Claimant; Contractor. 2. The name of the person for whom the labor was done, or materials or equipment 17. if this Bond is issued for an agreement between a furnished; contractor and subcontractor,the term Contractor in this 3. A copy of the agreement or purchase order Band shall be deemed to be Subcontractor and the term pursuant to which labor, materials, or Owner shall be deemed to be Contractor. equipment was furnished for use in the performance of the Construction Contract; 18. Modifications to this Bond are as follows: 4. A brief description of the labor, materials,or equipment furnished; 5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6. The total amount earned by the Claimant for labor,materials,or equipment furnished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant;and EICDCe C-615,Payment Bond Copyright eb 2013 National Society of Professional Engineeas,American Counra of Engineering Companies, and Anmericen Society of Civil Engineers. All rights reserved. 3 of 3 123