Surety bonds required for public works contracts or construction, public entity cannot require they be obtained from particular insurance or surety company.

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Effective - 28 Aug 2003

34.059. Surety bonds required for public works contracts or construction, public entity cannot require they be obtained from particular insurance or surety company. — 1. No public entity, nor any officer, agent or employee acting or purporting to act on behalf of such public entity, shall require a bidder, proposer, or contractor to obtain or procure any surety bond, including but not limited to bid bonds, payment bonds and performance bonds, from a particular insurance or surety company, producer, agent, or broker in connection with any contract for the construction of public works.

2. Any provision in a public works contract, bidding documents, request for proposals, or similar document in conflict herewith shall be void as contrary to the public policy.

3. As used in this section, the terms "public entity" and "public works" shall be given the definition set forth in section 107.170.

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(L. 2003 H.B. 314)


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