Title 36, Chapter 91, Section 40
( 36-91-40)
(a)(1) Any bid bond, performance bond, payment bond, or security
deposit required for a public works construction contract shall be
approved and filed with the treasurer or the person performing the
duties usually performed by a treasurer of the obligee named
therein. At the option of the governmental entity, if the surety
named in the bond is other than a surety company authorized by law
to do business in this state pursuant to a current certificate of
authority to transact surety business by the Commissioner of
Insurance, such bond shall not be approved and filed unless such
surety is on the United States Department of Treasury's list of
approved bond sureties. (2) Any bid bond, performance bond, or payment bond required by
this Code section shall be approved as to form and as to the
solvency of the surety by an officer of the governmental entity
negotiating the contract on behalf of the governmental entity. In
the case of a bid bond, such approval shall be obtained prior to
acceptance of the bid or proposal. In the case of payment bonds
and performance bonds, such approval shall be obtained prior to
the execution of the contract. (b) Whenever, in the judgment of the obligee: (1) Any surety on a bid, performance, or payment bond has become
insolvent; (2) Any corporate surety is no longer certified or approved by the
Commissioner of Insurance to do business in the state; or (3) For any cause there are no longer proper or sufficient
sureties on any or all of the bonds, the obligee may require the contractor to strengthen any or all of
the bonds or to furnish a new or additional bond or bonds within ten
days. Thereupon, if so ordered by the obligee, all work on the
contract shall cease unless such new or additional bond or bonds are
furnished. If such bond or bonds are not furnished within such
time, the obligee may terminate the contract and complete the same
as the agent of and at the expense of the contractor and his or her
sureties. |