Orange County NC Website
Browse       Search
DocuSign Envelope ID:29F350EB-C553-4EEB-BD97-898B3775EE03 <br /> §10 The Surety shall not be gable to the Owners Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. <br /> The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no <br /> obligation to make payments to,or give notice on behalf of,Claimants or othenvlso have any obligations to Claimants under this Bond. <br /> §11 The Surety hereby waives notice of any change,Including changes of time,to the Construction Contract or to related subcontracts,purchase <br /> orders and other obligations, <br /> §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the <br /> project that Is the subject of the Construction Contract•is located or after the expiration of one year from the date(1)on which the Claimant sent a <br /> Claim to the Surety pursuant to Section 5,11 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or <br /> equipment wcro furnished by anyone under the Construction Contract,whichever of(1)or(2)f first occurs,If tho provisions of this Paragraph arc void <br /> or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable, <br /> §13 Notice and Claims to the Surety,die Owner or die Contractor shall be mailed or delivered to the address shown on the page on which their <br /> signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. <br /> §14 When this Bond has been furnished to comply with a statutory or other legal requirement In the location where the construction was to be <br /> performed,any provision in this Bond conflicting with sold statutory or legal requirement shall be deemed deleted hercfrom and provisions <br /> conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be <br /> construed as a statutory bond and not as a common law bond, <br /> §1S Upon request by any person or entity appearing to be a potential beneficiary of this Bond,die Contractor and Owner shall promptly furnish a <br /> copy of this Bond or shall permit a copy to be made, <br /> §16 Definitions <br /> §18.1 Claim.A written statement by the Claimant including at a minimum: <br /> .1 the name of the Claimant; <br /> .2 the name of the person for whom the labor was dono,or materials or equipment ftmished; <br /> 13 a copy oftho agreement or purchase order pursuant'to which labor,materials or equipment was furnished for use in the <br /> performance of the Construction Contract; <br /> A a brief description of the labor,materials or equipment fbmished; <br /> ,6 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the <br /> Construction Contract; <br /> .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; <br /> ,7 the total amount ofprcvious payments received by the Claimant;and <br /> .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. <br /> §16.2 Claimant.An Individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to Runish labor, <br /> materials or equipment for use in the performance of the Construction Contract.no term Claimant also includes any individual or entity that has <br /> rightfully asserted a claim under an applicable mechanic`s lien or similar statute against the real property upon which the.Project is located.The intent <br /> of this Bond shall be to include without limitation In the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil,gasoline, <br /> telephone service or rental equipment used In the Construction Contract,architectural and engineering services required for performance of the work <br /> of the Contractor and the Contraotoes subcontractors,and all other items for which a mechanic's lien may be asserted in tho jurisdiction where the <br /> labor,materials or equipment wore furnished. <br /> §18,3 Construction Contract,The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents <br /> and all changes made to the agreement and the Contract Documents, <br /> S•21491AS 8110 <br />