Revision: March 30, 2017, 9:15 a.m.
HB 371-LOCAL - AS AMENDED BY THE HOUSE
8Mar2017... 0418h
2017 SESSION
17-0729
05/08
HOUSE BILL 371-LOCAL
AN ACT relative to bond requirements for public works contracts.
SPONSORS: Rep. Danielson, Hills. 7
COMMITTEE: Public Works and Highways
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This bill increases the amount of a public works contract for which a bond is required from $35,000 to $75,000. The bill also makes the bonding requirement discretionary for political subdivisions.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
8Mar2017... 0418h 17-0729
05/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
AN ACT relative to bond requirements for public works contracts.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Liens for Labor and Materials; Public Works; Bond Required. Amend RSA 447:16 to read as follows:
447:16 Bond Required. Officers, public boards, agents or other persons who contract in behalf of the state [or any political subdivision thereof] for the construction, repair or rebuilding of public buildings, public highways, bridges or other public works shall if said contract involves an expenditure of [$35,000] $75,000, and may if it involves an expenditure of less amount, obtain as a condition precedent to the execution of the contract[,] sufficient security, by bond or otherwise, in an amount equal to at least 100 percent of the contract price, or of the estimated cost of the work if no aggregate price is agreed upon, conditioned upon the payment by the contractors and subcontractors for all labor performed or furnished, for all equipment hired, including trucks, for all material used and for fuels, lubricants, power, tools, hardware and supplies purchased by said principal and used in carrying out said contract, and for labor and parts furnished upon the order of said contractor for the repair of equipment used in carrying out said contract. A political subdivision may apply the bonding requirements of this section to public works contracts entered into on behalf of the political subdivision.
2 Bonding Requirements; Notice. Amend RSA 447:17 to read as follows:
447:17 Notice. To obtain the benefit of the bond, any person, firm or corporation having any claim for labor performed, materials, machinery, tools, or equipment furnished as aforesaid shall, within 90 days after the completion and acceptance of the project by the contracting party, file in the office of the secretary of state, if the state is a contracting party, or with the department of transportation, if the state is a party to said contract by or through said department, or with the department of administrative services, if the state is a party to said contract by or through said department, or in the office of the clerk of the superior court for the county within which the contract shall be principally performed, if any political subdivision of the state has opted to apply the bonding requirements of RSA 447:16 and is a contracting party, a statement of the claim, a copy of which shall forthwith be sent by mail by the office where it is filed to the principal and surety.
3 Effective Date. This act shall take effect 60 days after its passage.