El Paso herald. (El Paso, Tex.) 1901-1931, 1915-05-25
new MATERIAL
LAW EFFECTIVE
Goes Into Effect in June;
Calls For Bonds From
Ali Contractors.

The new Texas mechanics and ma
teriaI mans lien law, which takes ef-
feet on June 10 next, Is one which We
believe to be Of great Importance TO
the building trades" said Milton {.
SEedd.
This law seems to do away with the
old practices by which material men
we're the only losers, If an irresponsible
contractor figured his work too low,
and seems to do away with the ques-
tiOn Of credits Of a contractor. II viii
probably add several percent onto the
cost of all buildings and will put a
number of contractors who can not
make good with a bonding company
out Of business
The New Measure.
The new measure follows
Section /. Any person, firm or cor
pcration who may furnish any material
TO or perform any labor for any con-
tractor, subcontractor, agent or re-
cCiyer. to be used in the erection OF
any house, building or Improvement, or
tC repair any house, building or i'm
provement. or to construct any railroad,
or its properties, by giving written
notice to the owner or his AGENT OF
such house. building or improvement,
or the railroad company, its agent o.
receiver, of each and every item Iur-
nished, and by showing how much there
is due and unpaid on each bill Of lum-
bef or material furnished, or labor per-
formed by such person, firm or corpor-
alton, or at any time within ninety
days after the Indebtedness shall have
accrued, may fix and-secure the lien
provided for in this chapter as to the
material or labor furnished at the time
or subsequent to the giving Of the
filing in the office Of the county clerk
OF the county in which such property
is located, and il il be a railroad COM
pany in any county through which its
road may pass, an itemized account OF
his or their claim as provided in this
article, and cause the same to be re
corded in a book kept by the county
clerk for that purpose.
File With County Clerk.
said owner, railroad company, its
agent or receiver. shall cause to be exc
cuted q written contract for such cree
ton, repair OF Improvement, and cause
cuted and filed with said county clerk.
Of the county where the property is
situated, and shall also cause to be exc
cutd and filed with said county clerk,
before work is begun, a good and suf-
ficient bond by said contractor, con-
ditioned as hereinbefore provided: and
when said bond and contract shall Be
so executed and filed the said owner,
railroad company, its agent or receiver,
shall in no case be compelled TO pay =
greater sum for or on account OF
labor performed, or material. ma
chlnery, fixtures or tools furnished
AAaaaA A4le N4 zee OF sum @LADuAaLE4 IN AlAE
contract between such owner
and contractor.
Must Give Bond
Section .. The owner. railroad. re-
ceiver or his agent shall take from
every contractor described in this chap
te- a good and sufficient bond in the
sum Of at least the full amount Of the
contract price, where said contract
price is equal TO or less than one thou
sand dollars. three-fourths OF the con-
tract price, where said. contract price
exceeds one thousand dollars but does
not exceed five thousand dollars. one
half Of the contract price where said
contract exceed five thousand dollars,
but does not exceed one hundred thou
sand dollars. and one-third Of the con-
tract price where said contract exceeds Z
jne hundred thousand dollars. payable I
- the said owner. railroad or receiver. I
The condition OF said bond shall be the
true and faithful performance of the .
contract and the payment of all sub Z
contractors, wOrkmen, laborers me F,
,hanics and furnishers Of material by 4
hc undertaken, contractor. master 3
Mechanic or engineer. the said bond TO 4
be made in favor OF the owner, sub /
contractors, workmen. labOrers. me-
,hanlcs and furnishers Of material as I
nelr interest may appear. all Of whom
man have the right TO sue upon said /
'cnd- and regardless Of the provisions Z
y wording Of any such bond said bond I
hail be construed by the courts.
whether SO specified or not, TO guar
-ntee the true and faithful perform