PRIOR PRINTER'S NOS. 1314, 3500, PRINTER'S NO. 4232
4170
No. 1161 Session of 1999
INTRODUCED BY BARD, HERMAN, ROSS, LESCOVITZ AND COY,
APRIL 7, 1999
AMENDMENTS TO SENATE AMENDMENTS, HOUSE OF REPRESENTATIVES,
NOVEMBER 21, 2000
AN ACT
1 Amending the act of December 20, 1967 (P.L.869, No.385),
2 entitled "An act establishing a uniform and mandatory system
3 governing the requirement of bonds to be furnished by
4 contractors in the prosecution of any public building, or
5 other public work or public improvement, including road work;
6 the rights and remedies of persons furnishing labor or
7 material in the prosecution of such public building, public
8 work or public improvement, including road work; procedure in
9 connection with suits on payment bonds; rights of persons
10 furnishing labor or materials to a copy of bond; prescribing
11 penalties; and repealing other prior acts or provisions
12 thereof inconsistent herewith," further providing for
13 enforcement of claims and for financial security to be
14 provided by contractors and bidders; AND MAKING A REPEAL. <--
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Sections 4, 6 and 8 of the act of December 20,
18 1967 (P.L.869, No.385), known as the Public Works Contractors'
19 Bond Law of 1967, are amended to read:
20 Section 4. (a)--Subject to the provisions of subsection (b)
21 hereof, any claimant who has performed labor or furnished
22 material in the prosecution of the work provided for in any
1 contract for which a payment bond has been given, pursuant to
2 the provisions of subsection (a) of section 3 of this act or for
3 which other financial security has been given pursuant to
4 subsection (a) of section 3.1 of this act, and who has not been
5 paid in full therefor before the expiration of ninety days after
6 the day on which such claimant performed the last of such labor
7 or furnished the last of such materials for which he claims
8 payments, may bring an action on such payment bond or other
9 financial security in his own name, in assumpsit, to recover any
10 amount due him for such labor or material, and may prosecute
11 such action to final judgment and have execution on the
12 judgment.
13 (b) Any claimant who has a direct contractual relationship
14 with any subcontractor of the prime contractor who gave such
15 payment bond or other financial security but has no contractual
16 relationship, express or implied, with such prime contractor may
17 bring an action on the payment bond or other financial security
18 only if he has given written notice to such contractor within
19 ninety days from the date on which the claimant performed the
20 last of the labor or furnished the last of the materials for
21 which he claims payment, stating with substantial accuracy the
22 amount claimed and the name of the person for whom the work was
23 performed or to whom the material was furnished.
24 Notice shall be served by registered or certified mail,
25 postage prepaid, in an envelope addressed to such contractor at
26 any place where his office is regularly maintained for the
27 transaction of business or served in any manner in which legal
28 process may be served in the manner now or hereafter provided by
29 law for the service of a summons, except that such service need
30 not be made by a public officer.
19990H1161B4232 - 2 -
1 Section 6. (a)--The contracting body shall furnish a
2 certified copy of any payment bond or other financial security
3 and the contract for which such bond or security was given to
4 any person who makes an application for such copy and who
5 submits an affidavit stating that:
6 (1) He has furnished material or performed labor, for the
7 completion of the work provided for in the contract, and that he
8 has not been fully paid for such labor or material; or
9 (2) He is a defendant in an action brought on a payment bond
10 or other financial security; or
11 (3) He is the surety in a payment bond on which an action
12 has been brought or is the representative of a lending
13 institution that has issued or is maintaining financial security
14 on which an action has been brought.
15 (b) Every such applicant shall pay for each certified copy a
16 fee fixed by the contracting body to cover the actual cost of
17 the preparation of such copy.
18 (c) A certified copy of any payment bond or other financial
19 security and of the contract for which such bond or security was
20 given shall constitute prima facie evidence of the contents,
21 execution and delivery of the original of such bond and
22 contract.
23 Section 8. (a)--It is unlawful for any representative of a
24 contracting body, in issuing an invitation for bids, to require
25 that any bond specified in section 3 of this act or authorized
26 under section 3.1 of this act be furnished by a particular
27 surety company or through a particular agent or broker.
28 (b) Any person who violates the provisions of this section
29 is guilty of a misdemeanor and upon conviction thereof shall be
30 sentenced to pay a fine not exceeding five thousand dollars
19990H1161B4232 - 3 -
1 ($5,000), or undergo imprisonment for a term not exceeding five
2 years, or both.
3 SECTION 2. FOR STATE PURCHASES OF GOODS AND SERVICES FROM <--
4 NONPROFIT WORK CENTERS EMPLOYING PERSONS WITH DISABILITIES, THE
5 TERM "SERVICES" SHALL SPECIFICALLY INCLUDE SUCH PACKAGING OR
6 REPACKAGING WHICH, AS DETERMINED BY THE DEPARTMENT OF GENERAL
7 SERVICES, PROVIDES A SUBSTANTIAL AND REAL BENEFIT TO THE
8 COMMONWEALTH AGENCY WHICH NEEDS THE SUPPLIES TO BE PACKAGED OR
9 REPACKAGED. WHEN PACKAGING OR REPACKAGING SERVICES ARE TO BE
10 PROVIDED TO A COMMONWEALTH AGENCY, BY AN AGENCY FOR PERSONS WITH
11 DISABILITIES, THE COMMONWEALTH AGENCY SHALL MAKE THE
12 ARRANGEMENTS FOR THE PROCUREMENT OF THE SUPPLIES TO BE PACKAGED
13 OR REPACKAGED. PACKAGING OR REPACKAGING SHALL NOT BE CONSIDERED
14 "SERVICES" IF THE MANUFACTURER USUALLY PACKAGES OR REPACKAGES
15 THE SUPPLIES, IN THE QUANTITY REQUIRED BY THE AGENCY, AS PART OF
16 ITS MANUFACTURING AND DISTRIBUTION PROCESS.
17 SECTION 3. THE ACT OF MAY 1, 1913 (P.L.155, NO.104),
18 ENTITLED "AN ACT REGULATING THE LETTING OF CERTAIN CONTRACTS FOR
19 THE ERECTION, CONSTRUCTION, AND ALTERATION OF PUBLIC BUILDINGS,"
20 IS REPEALED INSOFAR AS IT RELATES TO TRANSPORTATION AUTHORITIES.
21 Section 2 4. The amendment of sections 4, 6 and 8 of the act <--
22 shall be retroactive to February 15, 1991.
23 Section 3 5. This act shall take effect immediately. <--
A25L62MRD/19990H1161B4232 - 4 -