Section 107.170

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS

Chapter 107

Effective - 28 Aug 2014, 2 histories, see footnote   (history) 

  107.170.  Bond — public works contractor — defense of employees from suit, exceptions. — 1.  As used in this section, the following terms mean:

  (1)  "Contractor", a person or business entity who provides construction services under contract to a public entity.  Contractor specifically does not include professional engineers, architects or land surveyors licensed pursuant to chapter 327, those who provide environmental assessment services or those who design, create or otherwise provide works of art under a city's formally established program for the acquisition and installation of works of art and other aesthetic adornments to public buildings and property;

  (2)  "Public entity", any official, board, commission or agency of this state or any county, city, town, township, school, road district or other political subdivision of this state;

  (3)  "Public works", the erection, construction, alteration, repair or improvement of any building, road, street, public utility or other public facility owned by the public entity.

  2.  It is hereby made the duty of all public entities in this state, in making contracts for public works, the cost of which is estimated to exceed fifty thousand dollars, to be performed for the public entity, to require every contractor for such work to furnish to the public entity a bond with good and sufficient sureties, in an amount fixed by the public entity, and such bond, among other conditions, shall be conditioned for the payment of any and all materials, incorporated, consumed or used in connection with the construction of such work, and all insurance premiums, both for compensation, and for all other kinds of insurance, said work, and for all labor performed in such work whether by subcontractor or otherwise.

  3.  All bonds executed and furnished under the provisions of this section shall be deemed to contain the requirements and conditions as herein set out, regardless of whether the same be set forth in said bond, or of any terms or provisions of said bond to the contrary notwithstanding.

  4.  Nothing in this section shall be construed to require a member of the school board of any public school district of this state to independently confirm the existence or solvency of any bonding company if a contractor represents to the member that the bonding company is solvent and that the representations made in the purported bond are true and correct.  This subsection shall not relieve from any liability any school board member who has any actual knowledge of the insolvency of any bonding company, or any school board member who does not act in good faith in complying with the provisions of subsection 2 of this section.

  5.  A public entity may defend, save harmless and indemnify any of its officers and employees, whether elective or appointive, against any claim or demand, whether groundless or otherwise arising out of an alleged act or omission occurring in the performance of a duty under this section.  The provisions of this subsection do not apply in case of malfeasance in office or willful or wanton neglect of duty.

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(RSMo 1939 § 3277, A.L. 1959 S.B. 294, A.L. 1993 S.B. 278, A.L. 1994 H.B. 1063, A.L. 1995 H.B. 622, A.L. 1997 S.B. 437, A.L. 2014 S.B. 529)

Prior revisions: 1929 § 2890; 1919 § 1040; 1909 § 1247

CROSS REFERENCES:

Actions on such bonds, how brought, 522.300

Wage rates to be paid employees on construction of public works, 290.210 to 290.340

(1993) If county commission fails to obtain payment bond from contractor on public works project as required by statute, such failure exposes county commissioners to liability for payment of mechanics' lien filed by materialman when materialman furnished materials for project in good faith.  National Oil and Supply, Inc.  v. Vaughts, Inc., 856 S.W.2d 912 (Mo. App. S.D.).

(2000) Railroad relocation project was "public works project" within meaning of section.  Union Pacific Railroad Co. v. St. Louis Marketplace, 212 F.3d 386 (8th Cir.).

(2008) This section and section 429.010 are intended to provide inclusive protection to those furnishing labor and materials for public benefit.  Collins & Hermann, Inc. V. TM2 Construction Co., 263 S.W.3d 793 (Mo.App.E.D.).