Page:United States Statutes at Large Volume 82.djvu/671

 82 STAT. ]

PUBLIC LAW 90-455-AUG. 3, 1968

bond for the amount, or the balance thereof, unpaid at the time of institution of such suit and to prosecute said action to final judgment and execution for the sum or sums justly due him: Provided, That any person having direct contractual relationship with a subcontractor but no contractual relationship, express or implied, with the contractor furnishing the payment bondj shall have a right of action upon the payment bond upon giving written notice to the contractor within 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, stating 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 envelope 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 marshal for the District of Columbia is authorized by law to serve summons. (b) Every suit instituted under this section shall be brought in the name of the District of Columbia for the use of the person suing, in the United States District Court for the District of Columbia, irrespective of the amount in controversy in such suit, but no such suit shall be commenced after the expiration of one year after the day on which the last of the labor was performed or material was supplied by him. The District of Columbia shall not be liable for the payment of any costs or expenses of any such suit. SEC. 3. The Commissioners are authorizsd 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 certified copy of such bond and the contract for which it was given, which copy shall be prima facie evidence of the contents, execution, and delivery of the original. Applicants shall pay for such certified copies such fees as the Commissioners fix to cover the cost of preparation thereof. SEC. 4. The Act entitled "An Act in relation to contracts with the District of Columbia", approved June 28, 1906 (34 Stat. 546), as amended by the Act approved June 26, 1912 (37 Stat. 168; D.C. Code, secs. 1-805 and 1-806) is amended by striking "$1,000" therefrom, and inserting in lieu thereof "$2,000". SEC. 5. Section 1 of the Act entitled "An Act regulating the retent on contracts w4th the District of Columbia" approved March 31, 1906 (34 Stat. 94), as amended (D.C. Code, sec. 1-807), is amended by inserting immediately before the semicolon the following:", and whenever the work is substantially complete, the Commissioners, if they consider the amount retained to be in excess of the amount adequate for the protection of the District of Columbia, at their discretion m.ay release to the contractor all or a portion of such excess amount". SEC. 6. As used in this Act, the term "person" and the masculine Definitions, pronoun shall include all persons whether individuals, associations, copartnerships, or corporations, and the terms "Commissioners of the District of Columbia" and "Commissioners" mean the Board of Commissioners of the District of Columbia or their designated agents. SEC. 7. The Act entitled "An Act to require a contractor to whom Repeal, is awarded any contract for public buildings or other public works or for repairs or improvements thereon for the District of Columbia to give bond for the faithful performance of the contract, for the protection of persons furnishing labor and materials, and for other purposes", approved July 7, 1932 (47 Stat. 608), as amended (D.C. Code, sec. 1-804), is repealed, except that such Act shall remain in Exceptions.

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