Oklahoma § 61-2 - Filing of bond - Action on bond - Subcontractors

§ 61-2. Filing of bond - Action on bond - Subcontractors

A. Bonds shall be filed in the office of the agency,

institution, department, commission, municipality or government

instrumentality that is authorized by law and does enter into

contracts for the construction of public improvements or buildings,

or public or private improvements or buildings on a public-private

partnership project, or repairs to the same; and the officer with

whom the bond is filed shall furnish a copy thereof to any person

claiming any rights thereunder. Any person to whom there is due any

sum for labor, material or repair to machinery or equipment,

furnished as stated in Section 1 of this title, the heirs or assigns

of such person, may file a claim or bring an action on the bond for

the recovery of the indebtedness, provided that no action shall be

brought on the bond after one (1) year from the day on which the

last of the labor was performed or material or parts furnished for

which the claim is made unless a prior claim has been filed within

one (1) year from the day on which the labor was performed or

material or parts furnished, in which case, no action shall be

brought on the bond after two (2) years from the day on which the

Oklahoma Statutes - Title 61. Public Buildings and Public Works

last of the labor was performed or material or parts furnished for

which the claim is made.

B. 1. Any person having direct contractual relationship with a

subcontractor, regardless of tier, performing work on the contract,

but no contractual relationship express or implied with the

contractor furnishing the payment bond, shall have a right of action

upon the payment bond only upon giving written notice to the

contractor and surety on the payment bond within ninety (90) 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 or parts for

which the claim is made, stating with substantial accuracy the

amount claimed and the name of the party to whom the material or

parts were furnished or supplied or for whom the labor was done or

performed. The notice shall be served by mailing the same by

registered or certified mail, postage prepaid, in an envelope

addressed to the contractor at any place the contractor maintains an

office or conducts business, together with a copy thereof to the

surety or sureties on the payment bond.

2. With regard to an at-risk construction management contract

under which the at-risk construction manager or a trade contractor

under either an agency or an at-risk construction management

contract is required to furnish a payment bond, only persons having

a direct contractual relationship with the party furnishing the

payment bond shall have a right of action upon the payment bond in

the same manner as set forth in subsection A of this section.

C. 1. The bond or irrevocable letter of credit issued to the

Department of Transportation or the Oklahoma Turnpike Authority,

pursuant to this section, shall also provide that the contractor

shall pay all state and local taxes accruing as a result of the

contract, any liquidated damages as provided by the contract and any

overpayment of progressive estimates resulting in a balance due and

owing the Department of Transportation or the Oklahoma Turnpike

Authority.

2. A claim against the bond or irrevocable letter of credit for

delinquent taxes shall be made by the public entity to which the tax

was payable. The claim shall be made within six (6) months from the

date on which the tax became delinquent. Notice of the delinquent

tax shall be sent by certified mail to the surety, and a copy of the

notice shall be sent to the contractor. Nothing in this paragraph

shall be construed to release, at any time, the contractor from

responsibility for full payment of all taxes.

3. A claim against the bond or irrevocable letter of credit for

overpayment on progressive estimates shall be made by the public

entity within one (1) year from the date of final acceptance of the

project. Notice of the overpayment shall be sent by certified mail

to the surety and a copy of the notice shall be sent to the

contractor. Nothing in this paragraph shall be construed as to

Oklahoma Statutes - Title 61. Public Buildings and Public Works

release, at any time, the contractor from the responsibility of

refunding any amount overpaid on progressive estimates which are due

and owing the Department of Transportation.

R.L.1910, § 3882. Amended by Laws 1955, p. 335, § 2, emerg. eff.

June 6, 1955; Laws 1961, p. 459, § 2, emerg. eff. May 15, 1961; Laws

1965, c. 518, § 2, emerg. eff. July 22, 1965; Laws 1968, c. 77, § 2,

emerg. eff. March 25, 1968; Laws 1995, c. 200, § 1, emerg. eff. May

19, 1995; Laws 1997, c. 278, § 3, emerg. eff. May 27, 1997; Laws

2012, c. 241, § 2, eff. July 1, 2012; Laws 2019, c. 407, § 1, eff.

Nov. 1, 2019; Laws 2021, c. 226, § 1, eff. Nov. 1, 2021.