2011 US Code
Title 40 - Public Buildings, Property, and Works
Subtitle II - PUBLIC BUILDINGS AND WORKS (§§ 3101 - 9507)
Part A - GENERAL (§§ 3101 - 3708)
Chapter 31 - GENERAL (§§ 3101 - 3177)
Subchapter III - BONDS (§§ 3131 - 3134)
Section 3133 - Rights of persons furnishing labor or material
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER III - BONDS Sec. 3133 - Rights of persons furnishing labor or material |
Contains | section 3133 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1148; Pub. L. 109-284, §6(9), (10), Sept. 27, 2006, 120 Stat. 1213. |
Statutes at Large References | 49 Stat. 794 73 Stat. 279 98 Stat. 156 113 Stat. 231 116 Stat. 1148 120 Stat. 1213 |
Public Law References | Public Law 86-135, Public Law 98-269, Public Law 106-49, Public Law 107-217, Public Law 109-284 |
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(a)
(b)
(1)
(2)
(A) by any means that provides written, third-party verification of delivery to the contractor at any place the contractor maintains an office or conducts business or at the contractor's residence; or
(B) in any manner in which the United States marshal of the district in which the public improvement is situated by law may serve summons.
(3)
(A) in the name of the United States for the use of the person bringing the action; and
(B) in the United States District Court for any district in which the contract was to be performed and executed, regardless of the amount in controversy.
(4)
(5)
(c)
(1) in writing;
(2) signed by the person whose right is waived; and
(3) executed after the person whose right is waived has furnished labor or material for use in the performance of the contract.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1148; Pub. L. 109–284, §6(9), (10), Sept. 27, 2006, 120 Stat. 1213.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3133(a) | 40:270c. | 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. |
3133(b)(1), (2) | 40:270b(a). | Aug. 24, 1935, ch. 642, §2(a), (b), 49 Stat. 794; Pub. L. 86–135, §1, Aug. 4, 1959, 73 Stat. 279; Pub. L. 106–49, §2(b), Aug. 17, 1999, 113 Stat. 231. |
3133(b)(3)– (5) | 40:270b(b). | |
3133(c) | 40:270b(c). | Aug. 24, 1935, ch. 642, §2(c), as added Pub. L. 106–49, §2(c), Aug. 17, 1999, 113 Stat. 231. |
In subsection (b)(1), the words “may bring a civil action” are substituted for “shall have the right to sue” for consistency in the revised title and with other titles of the United States Code. The words “or sums” are omitted because of 1:1.
In subsection (b)(2), the words “to the contractor at any place he maintains an office or conducts his business, or his residence, or in any manner in which the United States marshal of the district in which the public improvement is situated is authorized by law to serve summons” are restated to reflect the probable intent of Congress. See H. Rept. 106–277, Part 1, 106th Cong., 1st Sess., pp. 4, 7.
In subsection (c), the words “bring a civil action” are substituted for “sue” for consistency in the revised title and with other titles of the United States Code.
Amendments2006—Subsec. (b). Pub. L. 109–284, §6(9), substituted “To” for “to” in heading.
Subsec. (c). Pub. L. 109–284, §6(10), inserted heading.
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