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Home » US Law » 2022 Montana Code Annotated » Title 18. Public Contracts » Chapter 2. Construction Contracts » Part 2. Performance, Labor, and Materials Bonds

18-2-201. Security requirements

18-2-201. Security requirements. (1) (a) Except as otherwise provided in 85-1-219 and subsections (3) through (5) of this section, whenever any board, council, commission, trustees, or body acting for the state or any county, municipality, or public body contracts with a person or corporation to do work for the state, county, or municipality or other public body, […]

18-2-202. Failure to require security — waiver

18-2-202. Failure to require security — waiver. If any board, council, commission, trustee, or body acting for the state or any board of county commissioners or any mayor and common council of any incorporated city or town or tribunal transacting the business of any such municipal corporation waives or fails to take the security required or […]

18-2-203. Amount and terms of security

18-2-203. Amount and terms of security. The security mentioned in 18-2-201 must be in an amount equal to the full contract price agreed to be paid for the work or improvement and must be to the state of Montana, except in cases of cities and towns, in which case the municipality may by general ordinance fix […]

18-2-204. Right of action on security — notice

18-2-204. Right of action on security — notice. (1) All persons mentioned in 18-2-201 have a right of action in their own name or names on any security furnished under the terms of this part for work done by the laborers or mechanics and for food, materials, supplies, provisions, or goods supplied and furnished in the […]

18-2-205. Effect of dealing with subcontractor

18-2-205. Effect of dealing with subcontractor. A corporation or person performing services or furnishing provender, provisions, supplies, or material to a subcontractor has the same right under the provisions of the security as if the work, services, provender, provisions, supplies, or material was furnished to the original contractor. History: En. Sec. 1, Ch. 20, L. 1931; re-en. […]

18-2-206. Notice to contractor concerning subcontractor

18-2-206. Notice to contractor concerning subcontractor. (1) A person, firm, or corporation furnishing provender, provisions, materials, or supplies to be used in the construction, performance, carrying on, prosecution, or doing of any work for the state or any county, city, town, district, municipality, or other public body shall, not later than 30 days after the date […]

18-2-207. Costs — attorney fees

18-2-207. Costs — attorney fees. In a suit or action brought against the surety, payor, or other person liable on the security by a person or corporation to recover for any of the items specified in this part, the prevailing party is entitled to recover, in addition to all other costs, attorney fees in a sum […]

18-2-208. Exceptions

18-2-208. Exceptions. (1) The provisions of this part do not apply to money loaned or advanced to a contractor, subcontractor, or other person in the performance of the work. (2) A city or town may impose any other or further conditions and obligations in the security that is considered necessary for its proper protection in the fulfillment […]