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A person commits the offense of defrauding a materialman if, being the principal contractor or subcontractor, the person knowingly or willfully with the purpose to defraud fails to pay any supplier or subcontractor for a material or good furnished to the project within 30 days of final receipt of payment under the contract.
Any venue provision in a contract for improvement to real property which requires legal action involving a resident contractor, subcontractor, sub-subcontractor, or materialman, as defined in part I of chapter 713, to be brought outside this state is void as a matter of public policy.
1955) (holding that a materialman may sue as third party beneficiary on a payment bond because bond's primary purpose was payment of materialmen); Waterway Terminals Co.
By granting extensive coverage in excess of that required by the statute, it is not unreasonable to construe the bond involved herein as a common law undertaking subject to liability at the suit of any materialman if commenced within the time allowed by the general statute of limitations.