Missouri Revised Statutes













Chapter 107

Bonds of Officers and Contractors for Public Works

←107.150

Section 107.170.1

107.010→

August 28, 2015

Bond--public works contractor--defense of employees from suit, exceptions.

107.170. 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.



(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



Prevailing rate of wages to be paid employees on construction of

public works, 290.210 to 290.340



(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.).





1997



1997



107.170. 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

twenty-five 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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