Government. Posting of payment bonds The contractor must also furnish a payment bond with a surety satisfactory to the contracting officer for the protection of all persons supplying labor and material in carrying out the work provided for in the contract for the use of each person. The amount of the payment bond generally must equal the total amount payable by the terms of the contract. Enforcement on payment bonds A subcontractor or material supplier that has not been paid, within 90 days of the day on which he last furnished labor or materials for which the claim is made, may bring a civil action on the payment bond for the amount unpaid at the time the suit is brought. The suit must be brought no later than one year after the day on which the last of the labor was performed or material was supplied by the person bringing the action. The agency issuing the contract is required to provide a copy of the payment bond, which identifies the surety, which would be the defendant in an enforcement action, upon the presentation of an affidavit indicating the person requesting the copy has not been paid for labor or materials furnished under the contract. A person having a direct contractual relationship with a subcontractor, but no contractual relationship, express or implied, with the contractor furnishing the payment bond, may bring a civil action on the payment bond on giving written notice to the contractor within 90 days from the date on which the person did or performed the last of the labor or furnished or supplied the last of the material for which the claim is made. The action must state with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was done or performed. Waiver of payment bond rights A waiver of the right to pursue a payment bond action under the Act by a person supplying labor or materials is void unless it was executed in writing, signed by the person whose right is to be waived, and executed after the labor or materials have been supplied. References United States federal commerce legislation Sureties Construction law 1893 in law 1935 in law