Page:United States Statutes at Large Volume 49 Part 1.djvu/839

 794 Suit on paym ent bo nd perm itt ed. Pro viso. Right of action of person having contrac- tual relationship wi th subcontractor but not with contractor. Service of notice. Venue of suit. Co mmen ceme nt of suit . No Fed eral lia bili ty. Certified copies of bond and contract. Availability, us e, cost, etc. "P erson " con strue d. Effecti ve date. Vol. 28, p. 278; Vol. 36, p. 241; Vol. 33, p. 811;Vol.44,p.123;U.S. C .,p. 1787. 74 TH CONGRESS. SESS. I. CH. 642 . AUGUST 24, 1935. SEC. 2. (a) Every person who has furnished labor or material in the prosecution of the work provided for in such contract, in respect of which a payment bond is furnished under this Act and who has not been paid in full there for before the expiration of a period of ninety days after the day on which the last of the labor was done or performed by him or material was furnished or supplied by him for which such claim is made, shall have the right to sue on such pay- ment bond for the amount, or the balance thereof, unpaid at the time of in stitution of such su it and to prosecute said actio n to final execu- tion and judgment for the sum or sums justly due him : Provided, however, That any person having direct contractual relationship with a subcontractor but no contractual relationship express or im- plied with the contractor furnishing said payment bond shall have a right of action upon the said payment bond upon giving written notice to said contractor w ithin ninety 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, stat- ing 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 mail, postage prepaid, in an envelop addressed to the contractor at any place he maintains an office or conducts his business, or his residence, or in any manner in which the United States mar shal of the district in which the public improvement is situated is authorized by law to serve summons. (b) Every suit instituted under this section shall be brought in the name of the United States for the use of the person suing, in the United States District Cour t for any district in which the contract was to be perf ormed and executed and not elsewhere, irrespective of the amount in controversy in such suit, but no such suit shall be com- menced after the expiration of one year after the date of final settle- ment of such contract. The United States shall not be liable for the payment of any costs or expenses of any such suit. SEC. a. The Comptroller General 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 work and payment therefor has not been made or that he is being sued on any such bond, a c ertified copy of such bond and the contract for which it was given, which copy shall be prima facie evidence of the con- tents, execution, and delivery of the original, and, in case final settle- ment of such contract has been made, a certified statement of the date of such settlement, which shall be conclusive as to such date upon the parties. Applicants shall pay for such certified copies and certi- fied statement s such fees as the Comptroller General fixes to cover the cost of preparation thereof. SEC. 4. The term "person" and the masculine pronoun as used throughout this Act shall include all persons whether individuals, associations, copartnerships, or corporations. SEC. 5. This act shall take effect upon the expiration of sixty days after the date of its enactment, but shall not apply to any contract awarded pursua nt to any invitation for bids issued on or before the date it takes effect, or to any persons or bonds in respect of any such contract. The Act entitled "An Act for the protection of persons furnishing materials and labor for the construction of public works ", approved August 13, 1894, as amended (U . S . C ., title 40, sec . 270), is repealed, except that such Act shall remain in force with respect to contracts for which invitations for bids have been issued on or before the date this Act takes effect, and to persons or bonds in respect of such contracts. Approved, August 24, 1935.