Title 36, Chapter 91, Section 90
( 36-91-90)
Payment bonds shall be required for all public works construction
contracts subject to the requirements of this chapter with an
estimated contract amount greater than $100,000.00; provided,
however, that a governmental entity may require a payment bond for
public works construction contracts that are estimated at
$100,000.00 or less. No public works construction contract
requiring a payment bond shall be valid for any purpose, unless the
contractor shall give such payment bond; provided, however, that, in
lieu of such payment bond, the governmental entity, in its
discretion, may accept a cashier's check, certified check, or cash
for the use and protection of all subcontractors and all persons
supplying labor, materials, machinery, and equipment in the
prosecution of work provided in the contract. The payment bond or
other security accepted in lieu of a payment bond shall be in the
amount of at least the total amount payable by the terms of the
initial contract and shall be increased if requested by the
governmental entity as the contract amount is increased. |