The bill, SB 265, addresses provisions related to public contracts and public works, specifically focusing on the rights of materialmen in relation to payment claims. It establishes that the claim and right to payment for materialmen is in addition to any other rights available under current law. The bill also includes several technical amendments to clarify language regarding the delivery and payment of materials, ensuring that terms such as "material" are consistently used instead of "materials." Additionally, it mandates that sureties must issue payments to materialmen under specific conditions, such as when materials conform to specifications and after a notice of nonpayment has been issued.
Furthermore, the bill outlines that sureties are not precluded from asserting defenses related to the principal obligation, except for lack of capacity or discharge in bankruptcy. It also specifies that notice must be served via registered or certified mail to relevant parties, and it exempts contracts associated with the preparation of Super Bowl LIX from certain provisions, with the exemption set to expire on February 10, 2025. The bill is effective upon the governor's signature or the lapse of time for gubernatorial action.
Statutes affected: SB265 Original: 38:2241(C), 48:3(B)
SB265 Engrossed: 38:2241(C), 48:3(B)
SB265 Reengrossed: 38:2241(C), 48:3(B)
SB265 Enrolled: 38:2241(C), 48:3(B)
SB265 Act 761: 38:2241(C), 48:3(B)