573.16 Optional and mandatory actions — bond to release.
1. The public corporation, the principal contractor, any claimant for labor or material who has filed a claim, or the surety on any bond given for the performance of the contract, may, at any time after the expiration of thirty days, and not later than sixty days, following the completion and final acceptance of said improvement, bring action in equity in the county where the improvement is located to adjudicate all rights to said fund, or to enforce liability on said bond.
2. Upon written demand of the contractor served, in the manner prescribed for original notices, on the person filing a claim, requiring the claimant to commence action in court to enforce the claim, an action shall be commenced within thirty days, otherwise the retained and unpaid funds due the contractor shall be released. Unpaid funds shall be paid to the contractor within twenty days of the receipt by the public corporation of the release as determined pursuant to this section. Failure to make payment by that date shall cause interest to accrue on the unpaid amount. Interest shall accrue during the period commencing the twenty-first day after the date of release and ending on the date of the payment. The rate of interest shall be determined pursuant to section 573.14. After an action is commenced, upon the general contractor filing with the public corporation or person withholding the funds, a surety bond in double the amount of the claim in controversy, conditioned to pay any final judgment rendered for the claims so filed, the public corporation or person shall pay to the contractor the amount of funds withheld.
[C97, §3103; S13, §1989-a58; C24, 27, 31, 35, 39, §10313; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §573.16]
91 Acts, ch 148, §3
Referred to in §384.58, 573.14, 573.15A, 573.18
Action against surety, §616.15
Manner of service,
R.C.P. 1.302 – 1.315
Structure Iowa Code
Chapter 573 - LABOR AND MATERIAL ON PUBLIC IMPROVEMENTS
Section 573.2 - Public improvements — bond — waiver and remedies.
Section 573.3 - Bond mandatory.
Section 573.4 - Deposit in lieu of bond.
Section 573.5 - Amount of bond.
Section 573.6 - Subcontractors on public improvements.
Section 573.7 - Claims for material or labor.
Section 573.8 - Highway improvements.
Section 573.9 - Officer to endorse time of filing claim.
Section 573.10 - Time of filing claims.
Section 573.11 - Claims filed after action brought.
Section 573.12 - Payments and retention from payments on contracts.
Section 573.13 - Inviolability and disposition of fund.
Section 573.14 - Retention of unpaid funds.
Section 573.15 - Claim against retainage or bond.
Section 573.15A - Early release of retained funds.
Section 573.16 - Optional and mandatory actions — bond to release.
Section 573.18 - Adjudication — payment of claims.
Section 573.19 - Insufficiency of funds.
Section 573.20 - Converting property into money.
Section 573.21 - Attorney fees.
Section 573.22 - Unpaid claimants — judgment on bond.
Section 573.23 - Abandonment of public work — effect.
Section 573.24 - Notice of claims to state department of transportation.
Section 573.25 - Filing of claim — effect.
Section 573.26 - Public corporation — action on bond.