SB450,17,3
1779.036
(2) A copy of the notice provided in sub. (1) also shall be served by the
2lienor, within 7 days after service of the notice upon the owner and lender, upon the
3prime contractor or subcontractor
by registered mail with return receipt requested.
SB450, s. 33
4Section
33. 779.036 (3) of the statutes is amended to read:
SB450,17,145
779.036
(3) If the prime contractor or subcontractor does not dispute the claim
6by serving written notice on the owner and the lien claimant within 30 days after
7service of written notice under sub. (2),
by registered mail with return receipt
8requested to the owner and lender, the amount claimed shall be paid over to the
9claimant on demand and charged to the prime contractor or subcontractor pursuant
10to sub. (1). If the prime contractor or subcontractor disputes the claim, the right to
11a lien and to the moneys in question shall be determined in an action brought by the
12claimant or the prime contractor or subcontractor. If the action is not brought within
133 months from the time the notice required by sub. (1) is served, the lien rights under
14this section are barred.
SB450, s. 34
15Section
34. 779.036 (4) (a) of the statutes is amended to read:
SB450,17,2516
779.036
(4) (a) When the total lien claims exceed the sum due the prime
17contractor or subcontractor concerned and where the prime contractor or
18subcontractor has not disputed the amounts of the claims filed, the owner with the
19concurrence of the lender shall determine on a proportional basis who is entitled to
20the amount being withheld and shall
notify serve a written notice of the
21determination on all claimants and the prime contractor or subcontractor
in writing
22of the determination. Unless an action is commenced by a claimant or by the prime
23contractor or subcontractor within 20 days after the
mailing service of said notice,
24the money shall be paid out in accordance with the determination and the liability
25of the owner and lender to any claimant shall cease.
SB450, s. 35
1Section
35. 779.05 (1) of the statutes is amended to read:
SB450,18,182
779.05
(1) Any document signed by a lien claimant or potential claimant and
3purporting to be a waiver of construction lien rights under this subchapter, is valid
4and binding as a waiver whether or not consideration was paid therefor and whether
5the document was signed before or after the labor
or material was, services,
6materials, plans, or specifications were performed, furnished
, or procured, or
7contracted for. Any ambiguity in such document shall be construed against the
8person signing it. Any waiver document shall be deemed to waive all lien rights of
9the signer for all labor
and, services, materials
, plans, or specifications performed, 10furnished
, or procured, or to be
performed, furnished
, or procured, by the claimant
11at any time for the improvement to which the waiver relates, except to the extent that
12the document specifically and expressly limits the waiver to apply to a particular
13portion of such labor
and, services, materials
, plans, or specifications. A lien
14claimant or potential lien claimant of whom a waiver is requested is entitled to refuse
15to furnish a waiver unless paid in full for the
work or material labor, services,
16materials, plans, or specifications to which the waiver relates. A waiver furnished
17is a waiver of lien rights only, and not of any contract rights of the claimant otherwise
18existing.
SB450, s. 36
19Section
36. 779.06 (1) of the statutes is amended to read:
SB450,19,620
779.06
(1) No lien under s. 779.01 shall exist and no action to enforce a lien
21under s. 779.01 shall be maintained unless within 6 months from the date the lien
22claimant
performed, furnished
, or procured the last labor
or, services, materials
,
23plans, or specifications, a claim for the lien is filed in the office of the clerk of circuit
24court of the county in which the lands affected by the lien lie, and unless within 2
25years from the date of filing a claim for lien an action is brought and summons and
1complaint filed.
A lien claimant shall serve a copy of the claim for lien on the owner
2of the property on which the lien is placed within 30 days after filing the claim. A
3claim for a lien may be filed and entered in the judgment and lien docket, and action
4brought, notwithstanding the death of the owner of the property affected by the
5action or of the person with whom the original contract was made, with like effect as
6if he or she were then living.
SB450, s. 37
7Section
37. 779.06 (2) of the statutes is amended to read:
SB450,19,148
779.06
(2) No lien claim may be filed or action brought thereon unless, at least
930 days before timely filing of the lien claim, the lien claimant serves on the owner
,
10personally or by registered mail with return receipt requested, a written notice of
11intent to file a lien claim. The notice is required to be given whether or not the
12claimant has been required to and has given a previous notice pursuant to s. 779.02.
13Such notice shall briefly describe the nature of the claim, its amount and the land
14and improvement to which it relates.
SB450, s. 38
15Section
38. 779.06 (3) of the statutes is amended to read:
SB450,19,2516
779.06
(3) Such a claim for lien shall have attached thereto a copy of any notice
17given in compliance with s. 779.02 and a copy of the notice given in compliance with
18sub. (2), and shall contain a statement of the contract or demand upon which it is
19founded, the name of the person against whom the demand is claimed, the name of
20the claimant and any assignee, the last date of
the performance of performing,
21furnishing, or procuring any labor
or the furnishing of any, services, materials,
plans,
22or specifications, a legal description of the property against which the lien is claimed,
23a statement of the amount claimed and all other material facts in relation thereto.
24Such claim document shall be signed by the claimant or attorney, need not be
25verified, and in case of action brought, may be amended, as pleadings are.
SB450, s. 39
1Section
39. 779.07 (1) (d) of the statutes is amended to read:
SB450,20,32
779.07
(1) (d) Last date of
performance of performing, furnishing, or procuring 3labor
or furnishing, services, materials
, plans, or specifications.
SB450, s. 40
4Section
40. 779.08 (1) of the statutes is amended to read:
SB450,20,215
779.08
(1) The person against whom a lien is claimed or any other interested
6party may file with the clerk of court in whose office the claim for lien is filed an
7undertaking executed by
2 or more sufficient sureties
a surety to the effect that the
8person against whom the lien is claimed shall pay the amount of the claim and all
9costs and damages which may be awarded against that person on account of the lien
10or in lieu thereof deposit with the clerk of the court a sum of money, certified check
11or negotiable government bonds in par value equal to 125% of the claim for lien. The
12court in which any action to foreclose the lien may be brought shall determine any
13question of sufficiency of the
sureties surety if exception is taken thereto by the lien
14claimant within 10 days after notice of the filing of such undertaking or deposit of
15other security and may upon notice and upon motion of any party, order any sum of
16money deposited to be invested.
The clerk of court shall remove the lien from the
17judgment and lien docket upon the court's order approving the surety in substitution
18for the lien. The depositor shall be entitled to any income from the investments,
19certified check or negotiable U.S. government bonds deposited and the clerk shall
20pay the income to the depositor without order when received or, in the case of
21coupons, as the income becomes due.
SB450, s. 41
22Section
41. 779.08 (2) of the statutes is amended to read:
SB450,21,223
779.08
(2) If an undertaking is furnished, it shall be accompanied by the
24affidavits affidavit of the
sureties surety in which
each states that the surety is
25worth, over and above all debts and liabilities in property within this state not
1exempt from execution, an amount in the aggregate equal to 125% or more of the
2amount of the claim for lien.
SB450, s. 42
3Section
42. 779.10 of the statutes is amended to read:
SB450,21,14
4779.10 Judgment. The judgment shall adjudge the amount due to each
5claimant who is a party to the action. It shall direct that the interest of the owner
6in the premises at the commencement of the
work or
performing, furnishing
, or
7procuring the
labor, services, materials
, plans, or specifications for which liens are
8given and which the owner has since acquired, or so much thereof as is necessary, be
9sold to satisfy the judgment, and that the proceeds be brought into court with the
10report of sale to abide the order of the court. If the premises can be sold in parcels
11without injury to the parties, the court may adjudge that the sale be so made. If the
12plaintiff fails to establish a lien upon the premises but does establish a right to
13recover for labor
or, services, materials,
plans, or specifications, the plaintiff may
14have a judgment against the party liable.
SB450, s. 43
15Section
43. 779.13 (2) of the statutes is amended to read:
SB450,22,216
779.13
(2) Every lien claimant, or the attorney who executed and filed a claim
17for lien on the claimant's behalf, who has received from any person interested in the
18premises described in the claim a written statement that the premises described in
19the claim are not in fact the premises on which the claimant
performed, furnished
,
20or procured the
work or labor, services, materials
, plans, or specifications to which
21the claim relates together with a written demand that the claim be satisfied of record
22shall, if in fact the statement of such person about the mistaken description is true,
23promptly satisfy the lien claim of record at the lien claimant's expense. Failure to
24satisfy the lien claim of record within a reasonable time, if in fact the statement
25asserting the mistaken description is true, shall render the person so failing liable
1to pay to the person demanding the satisfaction a sum equal to one-half of the sum
2claimed in the claim for lien.
SB450, s. 44
3Section
44. 779.135 (1) of the statutes is amended to read:
SB450,22,84
779.135
(1) Provisions requiring
a contractor, subcontractor or material
5supplier any person entitled to a construction lien to waive his or her right to a
6construction lien or to a claim against a payment bond before he or she has been paid
7for the labor
or, services, materials
or both, plans, or specifications that he or she
8performed, furnished
, or procured.
SB450, s. 45
9Section
45. 779.135 (3) of the statutes is amended to read:
SB450,22,1610
779.135
(3) Provisions making a payment to a
general prime contractor from
11any person who does not have a contractual agreement with the subcontractor
or, 12supplier
, or service provider a condition precedent to a
general prime contractor's
13payment to a subcontractor
or a , supplier
, or service provider. This subsection does
14not prohibit contract provisions that may delay a payment to a subcontractor until
15the
prime contractor receives payment from any person who does not have a
16contractual agreement with the subcontractor
or, supplier
, or service provider.
SB450, s. 46
17Section
46. 779.14 (1) (intro.) of the statutes is amended to read:
SB450,22,1918
779.14
(1) Definition. (intro.) In this section, "subcontractor
or, supplier
, or
19service provider" means the following:
SB450, s. 47
20Section
47. 779.14 (1) (a) of the statutes is amended to read:
SB450,22,2421
779.14
(1) (a) Any person who has a direct contractual relationship, expressed
22or implied, with the prime contractor or with any subcontractor of the prime
23contractor to perform
, furnish, or procure labor
or furnish, services, materials,
plans,
24or specifications, except as provided in par. (b).
SB450, s. 48
25Section
48. 779.14 (1) (b) of the statutes is amended to read:
SB450,23,4
1779.14
(1) (b) With respect to contracts entered into under s. 84.06 (2) for
2highway improvements, any person who has a direct contractual relationship,
3expressed or implied, with the prime contractor to perform
, furnish, or procure labor
4or furnish, services, materials
, plans, or specifications.
SB450, s. 49
5Section
49. 779.14 (1e) (a) of the statutes is amended to read:
SB450,23,166
779.14
(1e) (a) All contracts involving $10,000 or more for
the performance of 7performing, furnishing, or procuring labor
or furnishing, services, materials
, plans,
8or specifications, when the same pertains to any public improvement or public work
9shall contain a provision for the payment by the prime contractor of all claims for
10labor
performed and, services, materials
, plans, or specifications performed, 11furnished,
procured, used
, or consumed
in making that pertain to the public
12improvement or
performing the public work
, including, without limitation because
13of enumeration, fuel, lumber, building materials, machinery, vehicles, tractors,
14equipment, fixtures, apparatus, tools, appliances, supplies, electric energy, gasoline,
15motor oil, lubricating oil, greases, state imposed taxes, premiums for worker's
16compensation insurance and contributions for unemployment insurance.
SB450, s. 50
17Section
50. 779.14 (1e) (b) of the statutes is amended to read:
SB450,23,2418
779.14
(1e) (b) All contracts that are in excess of $30,000, as indexed under sub.
19(1s), and that are for
the performance of performing, furnishing, or procuring labor
20or furnishing, services, materials
, plans, or specifications for a public improvement
21or public work shall contain a provision under which the prime contractor agrees, to
22the extent practicable, to maintain a list of all subcontractors
and, suppliers
, and
23service providers performing
, furnishing, or procuring labor
or furnishing, services, 24materials
, plans, or specifications under the contract.
SB450, s. 51
25Section
51. 779.14 (1m) (c) (intro.) of the statutes is amended to read:
SB450,24,4
1779.14
(1m) (c)
State contracts. (intro.) The following requirements apply to
2contracts with the state for
the performance of performing, furnishing, or procuring 3labor
or furnishing, services, materials
, plans, or specifications for a public
4improvement or public work:
SB450, s. 52
5Section
52. 779.14 (1m) (d) (intro.) of the statutes is amended to read:
SB450,24,96
779.14
(1m) (d)
Local government contracts. (intro.) The following
7requirements apply to contracts, other than contracts with the state, for
the
8performance of performing, furnishing, or procuring labor
or furnishing, services, 9materials
, plans, or specifications for a public improvement or public work:
SB450, s. 53
10Section
53. 779.14 (1m) (e) 2. b. of the statutes is amended to read:
SB450,24,1511
779.14
(1m) (e) 2. b. The payment to every person, including every
12subcontractor
or, supplier,
or service provider, of all claims that are entitled to
13payment for labor
performed and, services, materials
, plans, or specifications
14performed, furnished
, or procured for the purpose of making the public improvement
15or performing the public work as provided in the contract and sub. (1e) (a).
SB450, s. 54
16Section
54. 779.14 (2) (a) (intro.) of the statutes is amended to read:
SB450,24,2117
779.14
(2) (a) (intro.) Except as provided in par. (am), no later than one year
18after the completion of work under the contract, any party in interest, including any
19subcontractor
or, supplier,
or service provider, may maintain an action in that party's
20name against the prime contractor and the sureties upon the bond for the recovery
21of any damages sustained by reason of any of the following:
SB450, s. 55
22Section
55. 779.14 (2) (a) 2. of the statutes is amended to read:
SB450,25,423
779.14
(2) (a) 2. Except as provided in subd. 3., failure of the prime contractor
24or a subcontractor of the prime contractor to comply with a contract, whether express
25or implied, with a subcontractor
or, supplier
, or service provider for
the performance
1of performing, furnishing, or procuring labor
or furnishing of, services, materials
,
2plans, or specifications for the purpose of making the public improvement or
3performing the public work that is the subject of the contract with the governmental
4entity.
SB450, s. 56
5Section
56. 779.14 (2) (a) 3. of the statutes is amended to read:
SB450,25,126
779.14
(2) (a) 3. With respect to contracts entered into under s. 84.06 (2) for
7highway improvements, failure of the prime contractor to comply with a contract,
8whether express or implied, with a subcontractor
or, supplier
, or service provider of
9the prime contractor for
the performance of performing, furnishing, or procuring 10labor
or furnishing of, services, materials
, plans, or specifications for the purpose of
11making the highway improvement that is the subject of the contract with the
12governmental entity.
SB450, s. 57
13Section
57. 779.14 (2) (am) 1. of the statutes is amended to read:
SB450,25,2314
779.14
(2) (am) 1. Except as provided in subd. 2., a subcontractor
or, supplier
,
15or service provider may maintain an action under par. (a) only if the subcontractor
16or, supplier
, or service provider has
notified served a written notice on the prime
17contractor
in writing that the subcontractor
or, supplier
, or service provider has
18provided performed, furnished, or procured, or will
provide perform, furnish, or
19procure labor
or, services, materials
, plans, or specifications to the public work or
20improvement. The notice must be
provided served no later than 60 days after the
21date on which the subcontractor
or, supplier
, or service provider first
provided 22performed, furnished, or procured the labor
or, services, materials
, plans, or
23specifications.
SB450, s. 58
24Section
58. 779.14 (2) (am) 2. a. of the statutes is amended to read:
SB450,26,3
1779.14
(2) (am) 2. a. The contract for
the provision of performing, furnishing,
2or procuring the labor
or, services, materials
, plans, or specifications does not exceed
3$5,000.
SB450, s. 59
4Section
59. 779.14 (2) (am) 2. b. of the statutes is amended to read:
SB450,26,65
779.14
(2) (am) 2. b. The action is brought by an employee of the prime
6contractor,
the subcontractor
or the
, supplier
, or service provider.
SB450, s. 60
7Section
60. 779.14 (2) (am) 2. c. of the statutes is amended to read:
SB450,26,118
779.14
(2) (am) 2. c. The subcontractor
or
, supplier
, or service provider is listed
9in the list required to be maintained under sub. (1e) (b) or in a written contract, or
10in a document appended to a written contract, between a subcontractor
or, supplier
,
11or service provider and the prime contractor.
SB450, s. 61
12Section
61. 779.14 (3) of the statutes is amended to read:
SB450,26,1813
779.14
(3) Actions by a county. In an action by a county upon the bond all
14persons for whose protection it was given and who make claim thereunder may be
15joined in the action. The county highway commissioner may take assignments of all
16demands and claims for labor
or material, services, materials, plans, or
17specifications and enforce the same in the action for the benefit of the assignors, and
18the judgment may provide the manner in which the assignors shall be paid.
SB450, s. 62
19Section
62. 779.15 (title) of the statutes is amended to read:
SB450,26,21
20779.15 (title)
Public improvements; lien on money, bonds, or warrants
21due the prime contractor; duty of officials.
SB450, s. 63
22Section
63. 779.15 (1) of the statutes is amended to read:
SB450,27,1323
779.15
(1) Any person
furnishing
who performs, furnishes, procures, manages,
24supervises, or administers any labor
or, services, materials
, plans, or specifications 25to be used or consumed in making public improvements or performing public work,
1including fuel, lumber, machinery, vehicles, tractors, equipment, fixtures,
2apparatus, tools, appliances, supplies, electrical energy, gasoline, motor oil,
3lubricating oil, greases, state imposed taxes, premiums for worker's compensation
4insurance and contributions for unemployment insurance, to any prime contractor,
5except in cities of the 1st class, shall have a lien on the money or bonds or warrants
6due or to become due the prime contractor therefor, if the lienor, before payment is
7made to the prime contractor,
gives serves a written notice
to of the claim on the
8debtor state, county, town
, or municipality
of the claim. The debtor shall withhold
9a sufficient amount to pay the claim and, when it is admitted by the prime contractor
10or established under sub. (3), shall pay the claim and charge it to the prime
11contractor. Any officer violating the duty hereby imposed shall be liable on his or her
12official bond to the claimant for the damages resulting from the violation. There shall
13be no preference between the lienors serving the notices.
SB450, s. 64
14Section
64. 779.15 (2) of the statutes is amended to read:
SB450,27,2015
779.15
(2) Service of the notice under sub. (1) shall be made
by registered mail 16upon the clerk of the municipality or in the clerk's absence upon the treasurer. If any
17of the money due the prime contractor is payable by the state, service of the notice
18under sub. (1) shall be served
by registered mail upon the state department, board
, 19or commission having jurisdiction over the work. A copy of the notice shall be served
20concurrently
by registered mail upon the prime contractor.
SB450, s. 65
21Section
65. 779.15 (3) of the statutes is amended to read:
SB450,28,622
779.15
(3) If a valid lien exists under sub. (1) and the prime contractor does not
23dispute the claim within 30 days after service on the prime contractor of the notice
24provided in sub. (2), by
serving written notice
to on the debtor state, county, town
, 25or municipality
and the lien claimant, the amount claimed shall be paid over to the
1claimant on demand and charged to the prime contractor pursuant to sub. (1). If the
2prime contractor disputes the claim, the right to a lien and to the moneys in question
3shall be determined in an action brought by the claimant or the prime contractor.
4If the action is not brought within 3 months from the time the notice required by sub.
5(1) is served, and notice of bringing the action filed with the officer with whom the
6claim is filed, the lien rights are barred.
SB450, s. 66
7Section
66. 779.15 (4) (a) of the statutes is amended to read:
SB450,28,168
779.15
(4) (a) When the total of the lien claims exceeds the sum due the prime
9contractor and where the prime contractor has not disputed the amounts of the
10claims filed, the debtor state, county, town or municipality, through the officer, board,
11department or commission with whom the claims are filed, shall determine
on a
12proportional basis who is entitled to the money and shall notify all claimants and the
13prime contractor in writing of the determination. Unless an action is commenced by
14a claimant or by the prime contractor within 20 days after the mailing of the notice,
15the money shall be paid out in accordance with the determination and the liability
16of the state, county, town or municipality to any lien claimant shall cease.
SB450, s. 67
17Section
67. 779.155 (2) of the statutes is amended to read:
SB450,29,518
779.155
(2) Certified copies of judgments filed. In this section,
19"municipality" includes city, village, county, town, school district, technical college
20district and any quasi municipal corporation. When the state or any municipality
21is indebted to any
prime contractor, the owner of a judgment against the
prime prime 22contractor may attach the debt by filing a certified copy of his or her judgment in the
23manner and subject to the conditions and limitations of this section. If the debt is
24owed by the state upon a contract for public improvements, the certified copy shall
25be filed with the officer, board, department or commission having jurisdiction over
1the work. Otherwise, the copy shall be filed with the department of administration.
2If the debt is owed by a municipality, the copy shall be filed with the municipal clerk
3or corresponding officer. The judgment creditor shall promptly notify the judgment
4debtor of the filing, within the time and as provided by s. 812.07 for service upon the
5defendant.
SB450, s. 68
6Section
68. 779.155 (3) of the statutes is amended to read:
SB450,29,127
779.155
(3) Payment to judgment creditor; exception. Except as to
prime 8contractors on public works, the proper officers of the state or municipality shall pay
9the judgment out of moneys due the
prime contractor or which become due the
prime 10contractor, but no payment shall be made until 30 days after the creditor has filed
11with such officers proof that the contractor had been notified of the filing of a copy
12of the judgment against the contractor.
SB450, s. 69
13Section
69. 779.155 (4) of the statutes is amended to read:
SB450,29,1814
779.155
(4) Same; funds due public
prime contractors. When the state or a
15municipality is indebted to a
prime contractor for public improvements, payment
16shall not be made to the judgment creditor until 3 months after final completion and
17acceptance of the public work and then only out of moneys due the
prime contractor
18in excess of unpaid lienable claims having priority under s. 779.15.
SB450, s. 70
19Section
70. 779.155 (5) (a) of the statutes is amended to read:
SB450,30,220
779.155
(5) (a) For the purpose of administering this section, sworn statements
21of the
prime contractor setting forth the unpaid lien claims that have been or may
22be filed under s. 779.15 may be accepted by the proper officer, board, department, or
23commission, unless the judgment creditor or other interested person gives written
24notice that an action is pending to determine whether specified lien claims were
1incurred in performing the public work and the amount thereof, or to determine
2priorities in which event payments shall await the result of the action.
SB450, s. 71
3Section
71. 779.155 (5) (b) of the statutes is amended to read:
SB450,30,94
779.155
(5) (b) Within 10 days after filing the certified copy of the judgment
5under sub. (2), the
prime contractor shall file the sworn statement in duplicate, with
6the proper officer, board, department or commission, who shall immediately furnish
7the judgment creditor with one of the statements. The judgment creditor shall have
810 days from the receipt thereof in which to serve the notice of pendency of the court
9action.
SB450, s. 72
10Section
72. 779.155 (6) of the statutes is amended to read:
SB450,30,1411
779.155
(6) Payments to judgment creditor. After the expiration of the
123-month period, the moneys due the
prime contractor in excess of unpaid lienable
13expenses and claims incurred in performing the public work shall be paid to the
14judgment creditor, but not exceeding the amount due on the judgment.
SB450, s. 73
15Section
73. 779.155 (7) of the statutes is amended to read:
SB450,30,1816
779.155
(7) Priority of judgments over assignments. Any judgment filed
17under this section has priority over an assignment made by the
prime contractor
18after the commencement of the action in which the judgment was obtained.
SB450, s. 74
19Section
74. 779.16 of the statutes is amended to read:
SB450,31,21
20779.16 Theft by contractors. All moneys, bonds or warrants paid or to
21become due to any prime contractor or subcontractor for public improvements are a
22trust fund only in the hands of the prime contractor or subcontractor
to the amount
23of all claims due or to become due or owing from the prime contractor or subcontractor
24for labor, services, materials, plans, and specifications performed, furnished, or
25procured for the improvements, until all the claims have been paid, and shall not be
1a trust fund in the hands of any other person. The use of
the any such moneys by
the 2any prime contractor or subcontractor for any
other purpose
other than the payment
3of claims on such public improvement, before the until all claims
have been satisfied,
4constitutes, except those which are the subject of a bona fide dispute and then only
5to the extent of the amount actually in dispute, have been paid in full or
6proportionally in cases of a deficiency, is theft by the prime contractor or
7subcontractor
of moneys so misappropriated and is punishable under s. 943.20.
This 8If the prime contractor or subcontractor is a corporation, limited liability company,
9or other legal entity other than a sole proprietorship, such misappropriation also
10shall be deemed theft by any officers, directors, members, partners, or agents
11responsible for the misappropriation. Any of such misappropriated moneys which
12have been received as salary, dividend, loan repayment, capital distribution or
13otherwise by any shareholder, member, or partner not responsible for the
14misappropriation shall be a civil liability of that person and may be recovered and
15restored to the trust fund specified in this subsection by action brought by any
16interested party for that purpose. Except as provided in this subsection, this section
17shall not create a civil cause of action against any person other than the prime
18contractor or subcontractor to whom such moneys are paid or become due. Until all
19claims are paid in full, have matured by notice and filing or have expired, such
20money, bonds and warrants shall not be subject to garnishment, execution, levy or
21attachment.
SB450, s. 75
22Section
75. 779.17 of the statutes is amended to read:
SB450,32,7
23779.17 Release of funds on filing bond. At any time after the service of a
24notice of lien claim or filing of judgment or pending the determination of any action
25commenced thereunder, the
prime contractor shall be entitled to the release of any
1moneys due the
prime contractor under the contract upon filing a bond, executed by
2a surety company duly authorized to transact business in this state, with the public
3authority having jurisdiction over the work, guaranteeing that the
prime contractor
4will pay any judgment of the court rendered in favor of the lien claimant and all
5judgments filed. Such bond shall be in an amount sufficient to insure payment of the
6lien claims and judgments, and shall be approved as to form and amount by the
7public authority.
SB450,32,109
(1) This act first applies to improvements that visibly commence on the
10effective date of this subsection.