§ 37-12-2 Rights of persons furnishing
labor and materials. –
Every person who shall have performed labor and every person who shall have
furnished or supplied labor, material, or equipment in the prosecution of the
work provided for in the contract, in respect of which a payment bond is
furnished under § 37-12-1, and who has not been paid in full therefor
before the expiration of a period of ninety (90) days after the day on which
the last of the labor was performed or furnished by him or her, or material or
equipment furnished or supplied by him or her for which a claim is made, shall
have the right to sue on the payment bond for the amount, or the balance
thereof, unpaid at the time of institution of the suit and to prosecute the
action to final execution and judgment for the sum or sums justly due him or
her; provided, however, that any person having direct contractual relationship
with a subcontractor but no contractual relationship express or implied with
the contractor furnishing the payment bond shall have a right of action upon
the payment bond upon giving written notice to the contractor within ninety
(90) days from the date on which the person furnished or performed the last of
the labor, or furnished or supplied the last of the material or equipment for
which the claim is made, stating with substantial accuracy the amount claimed
and the name of the party to whom the labor was furnished or performed or the
material or equipment was furnished or supplied. The notice shall be served by
mailing the same by certified mail, postage prepaid, in an envelope addressed
to the contractor at any place he or she maintains an office, conducts his or
her business, or his or her residence.
(P.L. 1934, ch. 2105, § 2; P.L. 1938, ch. 2644, § 2; G.L. 1938, ch.
79, § 2; impl. am. P.L. 1939, ch. 660, § 100; impl. am. P.L. 1956,
ch. 3717, § 1; G.L. 1956, § 37-12-2; P.L. 1973, ch. 216, § 1;
P.L. 1975, ch. 148, § 1.)