3. Surety bonds.   Except as provided in Title 5, section 1745, before any contract exceeding $100,000 $125,000 in amount for the construction, alteration or repair of any public building or other public improvement or public work, including highways, is awarded to any person by the State or by any political subdivision or quasi-municipal corporation , or by any public authority, that person must furnish to the State or to the other contracting body, as the case may be, the following surety bonds:

When required by the contracting authority, the contractor shall furnish bid security in an amount which the contracting authority considers sufficient to guarantee that if the work is awarded the contractor will contract with the contracting agency.

The bid security may be in the form of United States postal money order, official bank checks, cashiers' checks, certificates of deposit, certified checks, money in escrow, bonds from parties other than bonding companies subject to an adequate financial standing documented by a financial statement of the party giving the surety, bond or bonds from a surety company or companies duly authorized to do business in the State.

The bid security may be required at the discretion of the contracting authority to assure ensure that the contractor is bondable.

The bid securities other than bid bonds must be returned to the respective unsuccessful bidders. The bid security of the successful bidder must be returned to the contractor upon the execution and delivery to the contracting agency of the contract and performance and payment bonds, in terms satisfactory to the contracting agency for the due execution of the work.

In the case of contracts on behalf of the State, the bonds must be payable to the State and deposited with the contracting authority. In the case of all other contracts subject to this section, the bonds must be payable to and deposited with the contracting body awarding the contract.

3-A.  Letter of credit.   Notwithstanding the surety bond requirements of subsection 3, at the discretion of the State or other contracting authority, a person may provide an irrevocable letter of credit in lieu of the performance bond required by subsection 3, paragraph A or the payment bond required by subsection 3, paragraph B, or both, to the State or the contracting authority, as the case may be. For purposes of this subsection, "letter of credit" has the same meaning as in Title 11, section 5-1102, subsection (1), paragraph (j).

4. Actions.   Any person who has furnished labor or material to the contractor or to a subcontractor of the contractor in the prosecution of the work provided for in such a contract in respect to which a payment bond has been furnished under subsection 3, paragraph B, and who has not been paid in full before the expiration of 90 days after the day on which the last of the labor was performed by him that person or material was furnished or supplied by him that person for which such a claim is made, shall have the right to may bring an action on such the payment bond in his that person's own name for the amount, or the balance thereof, unpaid at the time of the institution of such the action. Any such claimant having a direct contractual relationship with a subcontractor of the contractor furnishing such a payment bond but no contractual relationship, express or implied, with such that contractor shall does not have the right of action upon such that payment bond unless he shall have the claimant has given written notice to such the contractor within 90 days from the date on which such the claimant performed the last of the labor, or furnished or supplied the last of the material for which such the claim is made, stating 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. Such a notice shall must be served by registered or certified mail, postage prepaid, in an envelope addressed to the contractor at any place he the contractor maintains an office or conducts his business, or at his the contractor's residence.

Every action on said payment bond shall be brought in the county in which the principal or surety has its principal place of business. No Any such action may not be commenced after the expiration of one year from the date on which the last of the labor was performed or material was supplied for the payment of which such the action is brought . Provided , except that in the case of a material supplier, where when the amount of the claim is not ascertainable due to the unavailability of final quantity estimates, such the action may be commenced before the expiration of one year from the date on which the final quantity estimates are determined. The notice of claim from the material supplier to the contractor furnishing the payment bond shall must be filed before the expiration of 90 days following the determination by the contracting authority of the final quantity estimates.

The contracting body and the agent in charge of its office shall furnish to anyone making written application therefor who states that he the person has supplied labor or materials for such work , and payment therefor has not been made, or that he the person is being sued on any such bond, or that he the person is the surety thereon, a certified copy of such the bond and the contract for which it was given, which copy shall be is prima facie evidence of the contents, execution and delivery of the original. Applicants shall pay for such the certified copies such reasonable fees as the contracting body or the agent in charge of its office fixes to cover the actual cost of preparation thereof.

6.  Jurisdiction.   An action on a performance bond furnished under subsection 3, paragraph A or an action on a payment bond furnished under subsection 3, paragraph B in accordance with subsection 4 must be brought in the county in this State where the construction, alteration or repair of the public building or other public improvement or public work is located.’