5 - Liens under contracts for public improvements.

§   5.  Liens  under  contracts  for  public  improvements.  A  person  performing labor for or furnishing materials to a contractor, his or her  subcontractor  or  legal  representative,  for   the   construction   or  demolition  of  a  public  improvement  pursuant  to  a contract by such  contractor with the state or a public corporation, and any trust fund to  which benefits and wage supplements are due or payable for  the  benefit  of such person performing labor, shall have a lien for the principal and  interest  of the value or agreed price of such labor, including benefits  and wage supplements due or  payable  for  the  benefit  of  any  person  performing  labor,  or materials upon the moneys of the state or of such  corporation  applicable  to  the  construction  or  demolition  of  such  improvement,  to  the  extent of the amount due or to become due on such  contract, and under a judgment of the court of  claims  awarded  to  the  contractor  for  damages arising from the breach of such contract by the  state, or awarded for furnishing labor or materials not contemplated  by  the  provisions  of  said  contract,  upon  filing  a  notice of lien as  prescribed in this  article,  except  as  hereinafter  in  this  article  provided. Where no public fund has been established for the financing of  a  public improvement with estimated cost in excess of two hundred fifty  thousand dollars, the chief financial officer of the public owner  shall  require the private entity for whom the public improvement is being made  to  post,  or  cause  to  be posted, a bond or other form of undertaking  guaranteeing prompt payment of moneys due to the contractor, his or  her  subcontractors  and  to all persons furnishing labor or materials to the  contractor or his or her subcontractors in the prosecution of  the  work  on the public improvement.