Section 5-21-2 - Public corporation's civil liability for failure to require bond for protection of laborers and materialmen

5-21-2. Public corporation's civil liability for failure to require bond for protection of laborers and materialmen.In case any such public corporation shall fail or neglect to require the execution of the surety provided for in §5-21-1, such public corporation shall be liable to pay any person who shall have performed labor or furnished any material that entered into the erection, alteration, repair or improvement of such building, the value of such work or material and an action may be maintained therefor; provided, that an action brought under the provisions of this section shall be commenced within ninety days from the acceptance of the work for which the same shall be claimed. Source: SL 1909, ch 245, §2; RC 1919, §8217; SDC 1939, §65.0704; SL 1939, ch 300, §9.