HARRY HUGHES, Governor

2679

or supplied by him for which such claim is made, shall have
the right to sue on the payment bond OR OTHER SECURITY for
the amount, or the balance thereof, unpaid at the time of
institution of such suit and to prosecute said action to
final judgment and execution for the sum or sums justly due
him; provided, however, that any person having direct
contractual relationship with a subcontractor of the
contractor, or with any sub-subcontractor of the contractor
but no contractual relationship express or implied with the
contractor furnishing said payment bond OR OTHER SECURITY,
shall have a right of action upon the payment bond OR OTHER
SECURITY upon giving written notice to the contractor within
[ninety (90)] 90 days from the date on which such person
did, or performed the last of the labor or furnished or
supplied the last of the material for which such claim is
made, stating with substantial accuracy the amount claimed
and the name of the party to whom the material was furnished
or supplied or for whom the labor was done or performed.
Such notice shall be served by mailing the same by
registered or certified mail, postage prepaid, in an
envelope addressed to the contractor at any place he
maintains an office or conducts his business, or his
residence.

(d)  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 and not
elsewhere, but no such suit shall be commenced after the
term of [one] 1 year after the date of final acceptance of
the work performed under the contract. The obligee named in
the bond OR THE TRUSTEE FOR ANY OTHER SECURITY shall not be
liable for the payment of any cost or expenses of any such
suit.

(e)  In the case of contracts of the State of Maryland,
or any board, commission, or agency thereof, the aforesaid
bonds OR OTHER SECURITY shall be payable to the State of
Maryland and shall be approved by the Attorney General as to
form. In the case of all other contracts subject to this
section, the bonds OR OTHER SECURITY shall be payable to the
public body concerned, and shall be approved by its attorney
as to form.

(f)  Bonds, OTHER SECURITY, OR EVIDENCE OF ANY TRUST
ACCOUNT ESTABLISHED AS SECURITY payable to the State of
Maryland shall be filed in the office of the State
Comptroller. All other bonds, OTHER SECURITY, OR EVIDENCE OF
ANY TRUST ACCOUNT ESTABLISHED AS SECURITY shall be filed in
the office of the public body concerned.

(g)  The State Comptroller or officer in charge of the
office wherein the aforesaid bonds OR OTHER SECURITY are
required to be filed is authorized and directed to furnish,
to any person making application therefor who submits an
affidavit that he has supplied labor, or materials, for such