107.170. Bond--public works contractor--defense of employees from suit, exceptions.
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 providesconstruction services under contract to a public entity. Contractorspecifically does not include professional engineers, architects or landsurveyors licensed pursuant to chapter 327, RSMo, those who provideenvironmental assessment services or those who design, create or otherwiseprovide works of art under a city's formally established program for theacquisition and installation of works of art and other aesthetic adornmentsto public buildings and property;
(2) "Public entity", any official, board, commission or agency ofthis state or any county, city, town, township, school, road district orother political subdivision of this state;
(3) "Public works", the erection, construction, alteration, repair orimprovement of any building, road, street, public utility or other publicfacility 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 toexceed 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 publicentity, and such bond, among other conditions, shall be conditioned for thepayment of any and all materials, incorporated, consumed or used inconnection with the construction of such work, and all insurance premiums,both for compensation, and for all other kinds of insurance, said work, andfor all labor performed in such work whether by subcontractor or otherwise.
3. All bonds executed and furnished under the provisions of thissection shall be deemed to contain the requirements and conditions asherein 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 ofthe school board of any public school district of this state toindependently confirm the existence or solvency of any bonding company if acontractor represents to the member that the bonding company is solvent andthat the representations made in the purported bond are true and correct.This subsection shall not relieve from any liability any school boardmember who has any actual knowledge of the insolvency of any bondingcompany, or any school board member who does not act in good faith incomplying with the provisions of subsection 2 of this section.
5. A public entity may defend, save harmless and indemnify any of itsofficers and employees, whether elective or appointive, against any claimor demand, whether groundless or otherwise arising out of an alleged act oromission occurring in the performance of a duty under this section. Theprovisions of this subsection do not apply in case of malfeasance in officeor 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)Prior revisions: 1929 § 2890; 1919 § 1040; 1909 § 1247
CROSS REFERENCES:
Actions on such bonds, how brought, RSMo 522.300
Prevailing rate of wages to be paid employees on construction of public works, RSMo 290.210 to 290.340
(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.).