(a) All contractors with whom contracts are made by the department shall enter into good and solvent surety bond in an amount fixed by the department, conditioned that acceptance or service of process upon the commissioner shall be service on them as their agent duly authorized to that end, and for the full and faithful performance of every part and stipulation of the contract, especially the payment for all materials purchased and for all labor employed in the contemplated work. This bond shall be approved by the department and filed with its records.

Terms Used In Tennessee Code 54-5-119

  • Commissioner: means the commissioner of transportation. See Tennessee Code 54-5-103
  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the department of transportation. See Tennessee Code 54-5-103
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Service of process: The service of writs or summonses to the appropriate party.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(b) All actions on bonds furnished under this section shall name the commissioner as a party-defendant and may be instituted in any court of competent jurisdiction in this state, but no action on bonds shall be commenced after the expiration of one (1) year following the date of the first publication of the notice provided for in § 54-5-122 with respect to the involved project.
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