§270c. Right of person furnishing labor or material to copy of bond

The department secretary or agency head of the contracting agency is authorized and directed to furnish, to any person making application therefor who submits an affidavit that he has supplied labor or materials for such work and payment therefor has not been made or that he is being sued on any such bond, a certified copy of such bond and the contract for which it was given, which copy shall be prima facie evidence of the contents, execution, and delivery of the original. Applicants shall pay for such certified copies such fees as the department secretary or agency head of the contracting agency fixes to cover the cost of preparation thereof.

(Aug. 24, 1935, ch. 642, §3, 49 Stat. 794 ; Pub. L. 86–135, §2, Aug. 4, 1959, 73 Stat. 279 ; Pub. L. 98–269, Apr. 18, 1984, 98 Stat. 156 .)

Amendments

1984-Pub. L. 98–269 substituted "department secretary or agency head of the contracting agency" for "Comptroller General" in two places.

1959-Pub. L. 86–135 struck out ", and, in case final settlement of such contract, has been made, a certified statement of the date of such settlement, which shall be conclusive as to such date upon the parties" and "and certified statements" after "original" and "certified copies", respectively.

Effective Date

Section effective upon expiration of sixty days after Aug. 24, 1935, but not applicable to any contract awarded pursuant to any invitation for bids issued on or before the date it takes effect, or to any persons or bonds in respect of any such contract, see section 7 of act Aug. 24, 1935, set out as a note under section 270a of this title.

Retroactive Effect

Rights of laborers and material men under contracts entered into before Aug. 4, 1959, unaffected, see section 3 of Pub. L. 86–135, set out as a note under section 270b of this title.

Section Referred to in Other Sections

This section is referred to in sections 270b, 270d, 270d–1, 270e, 270f of this title; title 10 section 2701; title 15 section 636; title 25 sections 47a, 1656; title 31 section 9303; title 39 section 410; title 42 sections 9619, 11707.