states that certain terms are all it would be a four year statute of limitations under most of the yes that's correct the important thing here is that counsel for the plaintiff attempts to make a distinction between a payment on any performance of the tarmac this is not referring to either a performance can set the amount of the current and then the bomb must be conditioned upon completion of the work and upon payment of the labor and materials then the third paragraph of the bond that goes out and says that those completion conditions and the payment conditions are deemed to be part of the bottom regardless of whether the amount includes those provisions or not i wouldn't issue is what you're saying that those in section two of disagree with that interpretation the stature the statue requires that they provide a bond and then all of those items says that the bond shall be conditioned upon performance and payment and then those conditions are deemed to be part of the bar on the bond that is provided by the contract or off as a matter of law whether those provisions are stated in the bo been taken care of the problem arguably but there has to be a position to a third party the rights of a sub contractor cannot exist under the circumstances what you're saying under using third party rights is only that we from then lake county grady could have because some action against us under the third party beneficiary theory but once we obtain it back on that covers their work then alternative rather yes would have been our kids or the other kids is there two purposes of the baron to act one is to protect subcontractors and provide labor materials but the other purpose is to protect the taxpayers of the public entity so that they are not obligated to pay claims of some contractors where it happened on the contractors that's a very important purpose and that's exactly what les truly creating is trying to do here is to have the goes the one mile when the amount the said worth is the amount that said work was that supposed to cover both the performance and the payment or is it supposed to down the damages that you're going to realize this is eight hundred thousand dollars for the formals the material on the subcontractors their damages for nine pay that is five hundred dollars that's a total of one point three million ours but the financially poor of a million dollars who loses in the three hundred dollars dollars are you the city or the the said that when a public entity obtains in baton covers public work these conditions are part of the bonds whether the bounce say it or not and the only requirement under the stat the the contract between noon and the village it says specifically there will be no sure if you're relieved of the hour of the requirement to have been bound how many times that it refers to the bar on the bond that is required in the first sentence of section one but nasa says that all public entities must require a b from every contractor so therefore the statute contemplates multiple hundreds of thousands of bonds for every single public property sold there for with the third paragraph where he says  each such bond it refers to all the bonds that are provided for public projects asset forth in the first sentence of the act it does not limited to a payment correct in finding that the language in the infrastructure agreements set forth the amounts of the bonds there is a formula that the of for the amounts that would be one hundred  ten percent of the insufficient amount the insufficient amount is the difference between the total estimated cost and what would be paid for by the s s a and based upon their formula newman provided b