MARVIN MANDEL, Governor                                   365

RELATIONSHIP WITH THE CONTRACTOR FURNISHING THE PAYMENT
BOND, HAS A RIGHT OF ACTION ON THE PAYMENT BOND ON GIVING
WRITTEN NOTICE TO THE CONTRACTOR WITHIN 90 DAYS FROM THE
DATE ON WHICH THE PERSON PERFORMED THE LAST OF THE LABOR
OR FURNISHED THE LAST OF THE MATERIAL FOR WHICH THE CLAIM
IS MADE. THE NOTICE SHALL STATE WITH SUBSTANTIAL
ACCURACY THE AMOUNT CLAIMED AND THE NAME OF THE PARTY TO
WHOM THE MATERIAL WAS FURNISHED OR FOR WHOM THE LABOR WAS
PERFORMED. THE NOTICE SHALL BE SERVED BY REGISTERED
MAIL, POSTAGE PREPAID, IN AN ENVELOPE ADDRESSED TO THE
CONTRACTOR AT ANY PLACE WHERE HE MAINTAINS AN OFFICE,
CONDUCTS HIS BUSINESS, OR RESIDES.

(F)    SAME - WHERE AND WHEN BROUGHT; LIABILITY FOR
COSTS.

EVERY SUIT INSTITUTED UNDER THIS SECTION SHALL BE
BROUGHT IN THE APPROPRIATE COURT IN THE POLITICAL
SUBDIVISION IN WHICH THE CONTRACT WAS TO BE PERFORMED AND
EXECUTED, OR IN THE POLITICAL SUBDIVISION WHERE THE
CONTRACTOR HAS HIS PRINCIPAL PLACE OF BUSINESS. HOWEVER,
NO SUIT BAY BE COMMENCED AFTER THE TERM OF ONE YEAR AFTER
THE DATE OF FINAL ACCEPTANCE OF THE WORK PERFORMED UNDER
THE CONTRACT., THE OBLIGEE NAMED IN THE BOND IS NOT
LIABLE FOR THE PAYMENT OF ANY COST OR EXPENSES OF THE
SUIT.

(G)   TO WHOM BONDS PAYABLE; APPROVAL AS TO FORM.

IN THE CASE OF CONTRACTS OF THE STATE, OR ANY BOARD,
COMMISSION, OR AGENCY OF IT, THE BONDS PROVIDED IN THIS
SECTION SHALL BE PAYABLE TO THE STATE AND IN A FORM
APPROVED BY THE ATTORNEY GENERAL. IN THE CASE OF ALL
OTHER CONTRACTS SUBJECT TO THIS SECTION, THE BONDS SHALL
BE PAYABLE TO THE PUBLIC BODY CONCERNED, AND IN A FORM
APPROVED BY THE PUBLIC BODY'S ATTORNEY.

(H) WHERE BONDS FILED.

BONDS PAYABLE TO THE STATE SHALL BE FILED IN THE
MAIN OFFICE OF THE STATE CONTRACTING AGENCY. ALL OTHER
BONDS SHALL BE FILED IN THE MAIN OFFICE OF THE
CONTRACTING AGENCY OF THE CONCERNED PUBLIC BODY.

(I) CERTIFIED COPIES OF BONDS.

THE OFFICER IN CHARGE OF THE OFFICE WHERE THE BONDS
PROVIDED IN THIS SECTION ARE REQUIRED TO BE FILED, SHALL
FURNISH A CERTIFIED COPY OF THE BOND TO ANY PERSON MAKING
APPLICATION FOR IT WHO SUBMITS AN AFFIDAVIT THAT HE HAS
PERFORMED LABOR OR FURNISHED MATERIALS FOR THE WORK AND
PAYMENT THEREFOR HAS NOT BEEN MADE, OR THAT HE IS BEING
SUED ON THE BOND. A CERTIFIED COPY OF THE BOND IS PRIMA
FACIE EVIDENCE OF THE CONTENTS, EXECUTION, AND DELIVERY