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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.
The court further stated that the joint check rule does not apply to extinguish the surety's obligations as a surety because the rule does not apply to the surety of a co-payee, but merely provides that the maker of a joint check is deemed to have paid the materialman as payee, and the rule does not extend beyond the relationship between the maker of the checks or his or her sureties.
To assert a lien claim, an original contractor, as well as a subcontractor and/or materialman (as discussed below), must "file an affidavit with the county clerk of the county in which the property is located .
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.
06 was applicable to contracts between any combination of owner, architect, engineer, general contractor, subcontractor, sub-subcontractor, or materialman.
Property owner is proper party in action by materialman to recover payment on lien substitution bond.
The second is to record a notice of lien against the property improved by the materials or labor the subcontractor, materialman or vendor provided.
Where a surety and principal agree to amend bond to add "coverage" for materialman who otherwise would not be covered by terms of bond, surety may have effectively extended coverage to materialman.
14 on the grounds that the general contractor owed that money to the subcontractor with whom it had contracted, and not the materialman.
The court held that because a materialman may sue the principal and surety jointly or, at his option, either the principal and surety alone, the corporate contractor was not an indispensable party to the bond action.
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