Performance Bond A312-2010 - Laserfiche WebLink

Home Browse Search

$ 10 l?tc Surcty shall nct be llablo to tbe Orrner! Claimants or ofhers for obligations of the Contractor that are uffslated to dro Constuotion Contraot Thc Orvner shall uot be liable fol thepayment of any casts or e$enaes of auy Claioad under &is Bond, and sholl baye under this Bond no obligation to make payrnents tq or give notice on behalf o{ Claimauts or olherwise have any obligations to Claimants under ihis Bond. $ 1 1 The Surety hereby waives notice of any change, includbg changes of time, to tte Constr:ction Contract cr to rolated subcontrcts, ;rurchase orders and other obligations, $ 't2 No sult or action shall be comcuccd by a Clalmaut under this Bond othetthan in acourtofcrirpotentjurisdiotion in the state in which the project that is ihc subjccl ofthe Construction Corlracfls located or a0er the expiration ofone year &om the date (1) onri,hich ttc Claimart scnt a Claim to the Surcty pursuant to Scstloo 5. I J or 5.2, or (2) oa which the lasi labor or seryice was performed by anyone or thc iast materials or equipmentwcrc firmisbed by anyone under the ConstruotionContacf whichever of(l) or(2) fint occurs. Ifthc pmvlslons ofthis Paragraph arc void orprohibited by law, tbe ninimum period oflimitation available to sureties as a defense is thejurisdicttoo ofthe suit shall be applicable. $ 13 Notlce aad Claims to the Surety, the Orvneror the Coatractorsballbemailcd ordeliwred to lhe address shown oatlrgpage onwhich their sigrature appears. Actual r€ceipt ofnotics or Claimq holvcvcr acconplishe{ shall be sufficient cornpliance as ofthe date received. $ 14 Wben this Bond has bccn tmlshcd lo cqmply wi& a statutory or other legal requirement ln the location wbere lhe consFuction was to be perfotmed, any provision iu this Bond conflictlng with said statutory or legal requirement shatl be deemed deleted hersftom and provisions conforming to sush stahrtory or other legal requirenent shall be deemed incorporaled hersin. When so furnishcd, tts ident is that this Bond shall be conskucd as a statutory bond and not as a common law bond. $ 16 Upon request by any person or entity appearing !o be a potential bcneficiary ofthis Bon4 &e Coilractor and O*ner shall pmmptly furnish a copyofthisnond orshallpermit a copy to bemadc. g'16 Deflnitions $ 16.1 Claim. A written statement by the Claimantincluding at a minimum: ,'l the name of the Claimang .2 the namo of the person for rvhom the labor was done, or natarials or equlpment firnlshe4 '3 a copy of tbc agrccment orlurchase orderpurs:ant to which labor, materials or equiprnent nas furnished foruseh the perforrnance of the Corstruction Contractg .4 a brief desoiptlon of the labor, materials or equipment firmisled; .5 the date on which the Claimant last performed labor or tast fumjshsd materlals or equipment foruse in lhe performance ofthe Construction Conlrao! ,5 the total amount car:red by the Clalnant for labor, materials or eguipnent fumished as of the date of the Claim; ,7 tte total amount ofprcvious paymcnts teceived by the Clalraadt; and .8 the total amount duo and unpaid to &e Claimant forlabor, matedals or equlpment flrrnlshed as ofths date of the Claim. $ I 6.2 Clairnant. .& individual or erdity having a direct contract with the Conkactor or rvith q subconhactor ofthe Contractor to fltnish labor, rnaterials or equipment for use in &e perfonnance of the Conskuetion Contract lhc tern Claimatt also includes any individual or entity that has rightfully asserted a claim under an applicable mcchanlc's lien or similarstatuti agaiast the real properlyupon rvbicb the Project is locaied, The Intent of this Bond shali be to include without limitaHon ia thc terms "labor, materials or equipmenf' tJrat part of water, gas, porver, lighl hea! oil, gasoline, telephone service or rcntal cquipmcnt used in the Conshuctioa Contracf arohitectual artd engineering services reqr:ired forperformance ofths rvork of the Contractor and the Contrastotrs subconkactors, anil all other items for which a meohanic's lien may be asserted in thc jurisdlctioa where thc labor, materials or equipment rvere firrnished, $ 16,3 constructlon Contract. Tho agreement betweel the Oryner and Conhactoridcntificd onthc coverpage, inoluding all Contract Documents and all changes made to the ggreemetrt ond the ConbqctDocuments, s-21491AS 8/10