Contractor to Furnish Evidence of Payment in Full for Materials and Labor — Notice of Settlement by Publication — Claims Filed
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Before final acceptance of the project as having been finally completed, the contractor shall furnish evidence to the chief administrative officer of the county highway department, if any, and/or the chief fiscal officer of the county, that all the materials used by the contractor, or the contractor's subcontractors or agents, have been fully paid for and all laborers and other employees working for the contractor, or the contractor's subcontractors or agents, have been fully paid.
When this is done, full settlement may be made with the contractor, but not until thirty (30) days' notice in some newspaper published in the county where the work is done, if there is a newspaper published there, and if not, in a newspaper in an adjoining county, that settlement is about to be made and notifying all claimants to file notice of their claims with the officials, and the period for filing shall not be less than thirty (30) days after the last published notice.
In the event claims are filed, the officials shall withhold a sufficient sum to pay the claims in the same way and manner as is provided for claimants making claims against contractors dealing with the department of transportation in accordance with § 54-5-123, and claimants may bring suits against contractors in the way and manner provided in § 54-5-124, as suits are brought against contractors dealing with the department. Where claims are allowed by the courts, §§ 54-5-126 and 54-5-127 shall be applicable.