Pennsylvania Statutes Title 53 P.S. Municipal and Quasi-Municipal Corporations § 53206. Bonds for the protection of labor and materialmen

It shall be the duty of every incorporated town to require any person, copartnership, association or corporation entering into a contract with such incorporated town for the construction, erection, installation, completion, alteration, repair of or addition to any public work or improvement of any kind whatsoever, where the amount of such contract is in excess of one thousand five hundred dollars, before commencing work under such contract, to execute and deliver to such incorporated town, in addition to any other bond which may now or hereafter be required by law to be given in connection with such contract, an additional bond for the use of any and every person, copartnership, association or corporation interested in a sum not less than fifty per centum and not more than one hundred per centum of the contract price, as such incorporated town may prescribe, having as surety thereon one or more surety companies legally authorized to do business in this Commonwealth, conditioned for the prompt payment of all material furnished and labor supplied or performed in the prosecution of the work, whether or not the said material or labor enter into and become component parts of the work or improvement contemplated.  Such additional bond shall be deposited with and held by the incorporated town for the use of any party interested therein.  Every such additional bond shall provide that every person, copartnership, association, or corporation who, whether as subcontractor or otherwise, has furnished material or supplied or performed labor in the prosecution of the work as above provided and who has not been paid therefor may sue in assumpsit on said additional bond, in the name of the incorporated town, for his, their or its use, and prosecute the same to final judgment for such sum or sums as may be justly due him, them or it, and have execution thereof.  An incorporated town shall not be liable for the payment of any costs or expense of any such suit.