§ 37-12-3 Remedies of creditors and state
– Priority of claims. –
The remedy on the bond shall be by a civil action brought in the superior court
for the counties of Providence and Bristol and in any suit brought on the bond
the rights of the state shall be prior to those of all creditors. The rights of
persons who shall have performed labor as aforesaid shall be prior to the
rights of all other creditors, and there shall be no priorities among laborers
or among other creditors under the bond. The state, either after having
recovered a judgment against the contractor on the contract or without having
recovered a judgment, may bring a suit on the bond against the contractor and
surety on the bond, and may join as parties defendant in the suit any persons
claiming to have rights under the bond as creditors; and, if it has not brought
such a suit, it may at any time before a final and conclusive decree, intervene
and become a party in any suit brought, as hereafter provided in this chapter,
by any person claiming to be a creditor under the bond.
(P.L. 1934, ch. 2105, § 3; G.L. 1938, ch. 79, § 3; G.L. 1956, §
37-12-3.)