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REFERENCE TITLE: mechanics' liens; notice |
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State of Arizona Senate Fifty-fourth Legislature First Regular Session 2019
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SB 1304 |
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Introduced by Senator Livingston
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AN ACT
Amending sections 33-981, 33-992.01, 33-992.02, 33-993, 33-1056, 34-223 and 34-611, arizona revised statutes; relating to mechanics' LIENS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 33-981, Arizona Revised Statutes, is amended to read:
33-981. Lien for labor; professional services or materials used in construction, alteration or repair of structures; preliminary thirty-day notice; exceptions
A. Except as provided in sections 33‑1002 and 33‑1003, every person who labors or furnishes professional services, materials, machinery, fixtures or tools in the construction, alteration or repair of any building, or other structure or improvement, shall have has a lien on such building, structure or improvement for the work or labor done or professional services, materials, machinery, fixtures or tools furnished, whether the work was done or the articles were furnished at the instance of the owner of the building, structure or improvement, or his the owner's agent.
B. Every contractor, subcontractor, architect, builder or other person having charge or control of the construction, alteration or repair, either wholly or in part, of any building, structure or improvement is the agent of the owner for the purposes of this article, and the owner shall be is liable for the reasonable value of labor or materials furnished to his the owner's agent.
C. A person who is required to be licensed as a contractor but who does not hold a valid contractor license as such contractor issued pursuant to title 32, chapter 10 shall does not have the lien rights provided for in this section.
D. A person required to give a preliminary twenty day thirty-day notice pursuant to section 33‑992.01 is entitled to enforce the lien rights provided for in this section only if he the person has given such notice and has made proof of service pursuant to section 33‑992.02.
E. A person who furnishes professional services but who does not hold a valid certificate of registration issued pursuant to title 32, chapter 1 shall does not have the lien rights provided for in this section.
F. A person who furnishes professional services is entitled to enforce the lien rights provided for in this section only if such person has an agreement with the owner of the property or with an architect, an engineer or a contractor who has an agreement with the owner of the property.
Sec. 2. Section 33-992.01, Arizona Revised Statutes, is amended to read:
33-992.01. Preliminary thirty-day notice; definitions; content; election; waiver; service; single service; contract
A. For the purposes of this section:
1. "Construction lender" means any mortgagee or beneficiary under a deed of trust lending funds all or a portion of which are used to defray the cost of the construction, alteration, repair or improvement, or any assignee or successor in interest of either.
2. "Original contractor" means any contractor who has a direct contractual relationship with the owner.
3. "Owner" means the person, or the person's successor in interest, who that causes a building, structure or improvement to be constructed, altered or repaired, whether the interest or estate of the person is in fee, as vendee under a contract to purchase, as lessee, or other interest or estate less than fee. Where If an interest or estate is held by two or more persons as community property, joint tenants or tenants in common, any one or more of the persons may be deemed the owner.
4. "Preliminary twenty day thirty-day notice" means one or more written notices from a claimant that are given prior to before the recording of a mechanic's lien and which that are required to be given pursuant to this section.
B. Except for a person performing actual labor for wages, every person who furnishes labor, professional services, materials, machinery, fixtures or tools for which a lien otherwise may be claimed under this article shall, as a necessary prerequisite to the validity of any claim of lien, serve the owner or reputed owner, the original contractor or reputed contractor, the construction lender, if any, or reputed construction lender, if any, and the person with whom the claimant has contracted for the purchase of those items with a written preliminary twenty day thirty‑day notice as prescribed by this section.
C. The preliminary twenty day thirty-day notice referred to in subsection B of this section shall be given not later than twenty thirty days after the claimant has first furnished labor, professional services, materials, machinery, fixtures or tools to the jobsite and shall contain the following information:
1. A general description of the labor, professional services, materials, machinery, fixtures or tools furnished or to be furnished and an estimate of the total price thereof.
2. The name and address of the person furnishing labor, professional services, materials, machinery, fixtures or tools.
3. The name of the person who contracted for the purchase of labor, professional services, materials, machinery, fixtures or tools.
4. A legal description, subdivision plat, street address, location with respect to commonly known roads or other landmarks in the area or any other description of the jobsite sufficient for identification.
5. The following statement in bold‑faced type:
In accordance with Arizona Revised Statutes section 33‑992.01, this is not a lien and this is not a reflection on the integrity of any contractor or subcontractor.
Notice to Property Owner
If bills are not paid in full for the labor, professional services, materials, machinery, fixtures or tools furnished or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings, of all or part of your property being improved may be placed against the property. You may wish to protect yourself against this consequence by either:
1. Requiring your contractor to furnish a conditional waiver and release pursuant to Arizona Revised Statutes section 33‑1008, subsection D, paragraphs 1 and 3 signed by the person or firm giving you this notice before you make payment to your contractor.
2. Requiring your contractor to furnish an unconditional waiver and release pursuant to Arizona Revised Statutes section 33‑1008, subsection D, paragraphs 2 and 4 signed by the person or firm giving you this notice after you make payment to your contractor.
3. Using any other method or device which that is appropriate under the circumstances.
D. The preliminary notice given by any claimant shall follow substantially the following form:
Arizona Preliminary Twenty Day thirty-Day Lien Notice
In accordance with Arizona Revised Statutes section 33‑992.01, this is not a lien. This is not a reflection on the integrity of any contractor or subcontractor.
The name and address of This preliminary lien notice has
the owner or reputed been completed by (name and
owner are: address of claimant):
Date: _________________________
By: ___________________________
Address: ______________________
The name and address You are hereby notified that the
of the original claimant has furnished or will
contractor are: furnish labor, professional
services, materials, machinery,
fixtures or tools of the
following general description:
The name and address of
any lender or reputed
lender and assigns are:
In the construction, alteration or
repair of the building, structure
or improvement located at:
The name and address
of the person with
whom the claimant
has contracted are: And situated upon on that certain
lot(s) or parcel(s) of land in
__________ County, Arizona,
described as follows:
An estimate of the total price of
the labor, professional services,
materials, machinery, fixtures
or tools furnished or to be
furnished is: $_________________
(The following statement shall be in bold‑faced type.)
Notice to Property Owner
If bills are not paid in full for the labor, professional services, materials, machinery, fixtures or tools furnished, or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings, of all or part of your property being improved may be placed against the property. You may wish to protect yourself against this consequence by either:
1. Requiring your contractor to furnish a conditional waiver and release pursuant to Arizona Revised Statutes section 33‑1008, subsection D, paragraphs 1 and 3 signed by the person or firm giving you this notice before you make payment to your contractor.
2. Requiring your contractor to furnish an unconditional waiver and release pursuant to Arizona Revised Statutes section 33‑1008, subsection D, paragraphs 2 and 4 signed by the person or firm giving you this notice after you make payment to your contractor.
3. Using any other method or device that is appropriate under the circumstances.
(The following language shall be in type at least as large as the largest type otherwise on the document.)
Within ten days of after the receipt of this preliminary twenty day thirty-day notice the owner or other interested party is required to furnish all information necessary to correct any inaccuracies in the notice pursuant to Arizona Revised Statutes section 33‑992.01, subsection I or lose as a defense any inaccuracy of that information.
Within ten days of after the receipt of this preliminary twenty day thirty-day notice if any payment bond has been recorded in compliance with Arizona Revised Statutes section 33‑1003, the owner must provide a copy of the payment bond including the name and address of the surety company and bonding agent providing the payment bond to the person who has given the preliminary twenty day thirty-day notice. In the event that the owner or other interested party fails to provide the bond information within that ten day ten-day period, the claimant shall retain lien rights to the extent precluded or prejudiced from asserting a claim against the bond as a result of not timely receiving the bond information.
Dated: ___________________ ____________________________
(Company name)
By: _______________________
(Signature)
_______________________
(Title)
(Acknowledgement of receipt language from Arizona Revised Statutes section 33‑992.02 shall be inserted here.)
E. If labor, professional services, materials, machinery, fixtures or tools are furnished to a jobsite by a person who elects not to give a preliminary twenty day thirty-day notice as provided in subsection B of this section, that person is not precluded from giving a preliminary twenty day thirty-day notice not later than twenty thirty days after furnishing other labor, professional services, materials, machinery, fixtures or tools to the same jobsite. The person, however, is entitled to claim a lien only for such labor, professional services, materials, machinery, fixtures or tools furnished within twenty thirty days prior to before the service of the notice and at any time thereafter.
F. The notice or notices required by this section may be given by mailing the notice by first class mail sent with a certificate of mailing, registered or certified mail, postage prepaid in all cases, addressed to the person to whom notice is to be given at the person's residence or business address. Service is complete at the time of the deposit of notice in the mail.
G. A person required by this section to give notice to the owner, to an original contractor, to the construction lender, if any, and to the person with whom the claimant has contracted need give only one notice to the owner, to the original contractor, to the construction lender, if any, and to the person with whom the claimant has contracted with respect to all labor, professional services, materials, machinery, fixtures or tools furnished for the building, structure or improvement, unless the actual estimated total price for the labor, professional services, materials, machinery, fixtures or tools furnished or to be furnished exceeds by twenty per cent or more the total price in any prior original or subsequent preliminary notice or unless the labor, professional services, materials, machinery, fixtures or tools are furnished under contracts with more than one subcontractor, in which case notice requirements shall be met for all additional labor, professional services, materials, machinery, fixtures or tools.
H. If a notice contains a general description required by subsection C of this section of the labor, professional services, materials, machinery, fixtures or tools furnished up to the date of notice, it is not defective because after the date the person giving notice furnishes labor, professional services, materials, machinery, fixtures or tools that are not within the scope of the general description, or exceed by less than twenty per cent the estimated total price thereof.
I. Within ten days after receipt of a written request from any person or the person's agent intending to file a preliminary twenty day thirty-day notice, which request shall identify the person, the person's address, the jobsite and the general nature of the person's labor, professional services, materials, machinery or tools to which the preliminary twenty day thirty-day notice shall apply, or within ten days of after the receipt of a preliminary twenty day thirty-day notice, the owner or other interested party shall furnish the person a written statement containing the following information:
1. The legal description, subdivision plat, street address or location with respect to commonly known roads or other landmarks in the area, or any other description of the jobsite sufficient for identification.
2. The name and address of the owner or reputed owner.
3. The name and address of the original contractor or reputed contractor.
4. The name and address of the construction lender, if any, or reputed construction lender.
5. If any payment bond has been recorded pursuant to section 33‑1003, a copy of the bond and the name and address of the surety company and bonding agent, if any, providing the payment bond.
J. Failure of the owner or other interested party to furnish the information required by this section does not excuse any claimant from timely giving a preliminary twenty day thirty-day notice, but it does stop the owner from raising as a defense any inaccuracy of the information in a preliminary twenty day thirty-day notice, provided the claimant's preliminary twenty day thirty-day notice of lien otherwise complies with the provisions of this chapter. If the information is received by the claimant after the claimant has given a preliminary twenty day thirty-day notice and the information contained in the preliminary twenty day thirty‑day notice is inaccurate, the claimant shall, within thirty days of the receipt of this information, give an amended preliminary twenty day thirty-day notice in the manner provided in this section. An amended preliminary twenty day thirty-day notice shall be is considered as having been given at the same time as the original preliminary twenty day thirty‑day notice, except that the amended preliminary twenty day thirty‑day notice shall be is effective only as to work performed, materials supplied or professional services rendered twenty thirty days prior to the date of the amended preliminary twenty day thirty-day notice or the date the original preliminary twenty day thirty-day notice was given to the owner, whichever occurs first. If a payment bond has been recorded in compliance with section 33‑1003 and the owner or other interested party fails to furnish a copy of the bond and the other information as required by this section, the claimant shall retain lien rights to the extent precluded or prejudiced from asserting a claim against the bond as a direct result of not timely receiving a copy of the bond and the other information from the owner or other interested party.
Sec. 3. Section 33-992.02, Arizona Revised Statutes, is amended to read:
33-992.02. Proof of mailing of preliminary thirty-day notice; receipt; affidavit
Proof that the preliminary twenty day thirty-day notice required by section 33‑992.01 was given in accordance with section 33‑992.01, subsection F shall be made as follows:
1. If given by mail, by an acknowledgment of receipt of the notice in a form substantially as follows:
"____________________________
Signature of sender
Acknowledgment of receipt of preliminary twenty day thirty-day notice
This acknowledges receipt on (insert date) of a copy of the preliminary twenty day thirty-day notice at (insert address) .
Date: _______________________________________
(Date this acknowledgment is executed)
_____________________________________
Signature of person acknowledging
receipt, with title if acknowledgment
is made on behalf of another person"
2. If a person to whom the notice is served pursuant to section 33‑992.01, subsection F fails to complete the acknowledgment or fails to complete and return the acknowledgment within thirty days from after the date of mailing, proof of mailing may be made by affidavit of the person making the mailing, showing the time, place and manner of mailing and facts showing that such service was made in accordance with section 33‑992.01. The affidavit shall show the name and address of the person to whom a copy of the preliminary twenty day thirty-day notice was mailed, and, if appropriate, the title or capacity in which he the person was given the notice. If mailing was made by first class mail sent with a certificate of mailing, the certificate of mailing shall be attached to the affidavit. If the mailing was by certified or registered mail, the receipt of certification or registration shall be attached to the affidavit.
Sec. 4. Section 33-993, Arizona Revised Statutes, is amended to read:
33-993. Procedure to perfect lien; notice and claim of lien; service; recording; definitions
A. In order to impress and secure the lien provided for in this article, every person claiming the benefits of this article, within one hundred twenty days after completion of a building, structure or improvement, or any alteration or repair of such building, structure or improvement, or if a notice of completion has been recorded, within sixty days after recordation of such notice, shall make duplicate copies of a notice and claim of lien and record one copy with the county recorder of the county in which the property or some part of the property is located, and within a reasonable time thereafter serve the remaining copy upon on the owner of the building, structure or improvement, if he the owner can be found within the county. The notice and claim of lien shall be made under oath by the claimant or someone with knowledge of the facts and shall contain:
1. The legal description of the lands and improvements to be charged with a lien.
2. The name of the owner or reputed owner of the property concerned, if known, and the name of the person by whom the lienor was employed or to whom he the lienor furnished materials.
3. A statement of the terms, time given and conditions of the contract, if it is oral, or a copy of the contract, if it is written.
4. A statement of the lienor's demand, after deducting just credits and offsets.
5. A statement of the date of completion of the building, structure or improvement, or any alteration or repair of such building, structure or improvement.
6. A statement of the date the preliminary twenty day thirty-day notice required by section 33‑992.01 was given. A copy of such preliminary twenty day thirty-day notice and the proof of mailing required by section 33‑992.02 shall be attached.
B. For the purposes of this section, if a work of improvement consists of the construction for residential occupancy of more than one separate building without regard to whether the buildings are constructed pursuant to separate contracts or a single contract, each building is a separate work and the time within which to perfect a lien by recording the notice of lien pursuant to subsection A of this section commences to run on the completion of each separate building. For the purposes of this subsection, "separate building" means one structure of a work of improvement and any garages or other appurtenant buildings in a multibuilding residential project or residential subdivision.
C. For the purposes of subsection A of this section, "completion" means the earliest earlier of the following events:
1. Thirty days after final inspection and written final acceptance by the governmental body which that issued the building permit for the building, structure or improvement.
2. Cessation of labor for a period of sixty consecutive days, except when such cessation of labor is due to a strike, shortage of materials or act of God.
D. If no a building permit is not issued or if the governmental body that issued the building permit for the building, structure or improvement does not issue final inspections and written final acceptances, then "completion" for the purposes of subsection A of this section means the last date on which any labor, materials, fixtures or tools were furnished to the property.
E. For the purposes of this section, "notice of completion" means a written notice which that the owner or its agent may elect to record at any time after completion of construction as defined in subsection C of this section for the purpose of shortening the lien period, as provided in subsection A of this section. A notice of completion shall be signed and verified by the owner or its agent and shall contain the following information:
1. The name and address of the owner.
2. The nature of the interest or estate of the owner.
3. The legal description of the jobsite and the street address. The validity of the notice is not affected by the fact that the street address recited is erroneous or that such street address is omitted.
4. The name of the original contractor, if any.
5. The names and addresses of any predecessors in interest if the property was transferred after the beginning of the work or improvement.
6. The nature of the improvements to the real property.
F. The notice of completion shall follow substantially the following form:
Notice of Completion
Notice is hereby given that:
1. The undersigned is owner of the interest or estate stated below in the property hereinafter described, or the undersigned is the owner's agent.
2. The full name of the undersigned is _______________.
3. The full address of the undersigned is _____________ ______________________________________________________.
4. The nature of the interest or estate of the owner is: in fee. _________________________________ (If other than fee, strike "In Fee" and insert, for example, "Purchaser Under Contract of Purchase" or "Lessee".)
5. The full names and full addresses of all persons, if any, who hold interest or estate with the undersigned such as joint tenants or tenants in common are:
Name Address
______________________________________________________________
______________________________________________________________
______________________________________________________________
6. The full names and full addresses of the predecessors in interest of the undersigned, if the property was transferred after the beginning of the work or improvement:
Name Address
______________________________________________________________
______________________________________________________________
______________________________________________________________
7. The nature of the improvements to the real property ______________________________________________________.
8. The work of improvement on the property hereinafter described was completed in accordance with the definition of completion in Arizona Revised Statutes section 33‑993, subsection C. (Fill in the appropriate completion date as defined in Arizona Revised Statutes section 33‑993, subsection C.)
(a) ‑ Date _____________________________________________
(thirty days after written final acceptance
by governmental body)
(b) ‑ Date _____________________________________________
(sixty days after cessation of labor)
9. The name of the original contractor, if any, for such work or improvement is _________________________________.
(if no contractor, insert "none")
10. The street address of the property is ____________ ______________________________________________________________
(include both address and city with zip code)
11. The legal description of property described above ______________________________________________________________
(attach exhibit if necessary)
Verification
I, the undersigned, certify that I am the owner, the owner's agent for the property or another interested party in the property, described in the above notice, or I certify that I am the original contractor of the improvements to the real property described in the above notice. I have read the foregoing notice and know and understand the contents thereof, and the facts stated therein are true and correct. I declare under penalty of perjury that the foregoing is true and correct.
Executed on ______________ at _____________________, Arizona.
(date) (place where signed)
____________________________
(print name)
____________________________
(personal signature)
____________________________
(title)
(Acknowledgement)
Each notice of completion shall contain the following language in type at least as large as the largest type that otherwise appears on the document:
In order to shorten the lien period pursuant to Arizona Revised Statutes section 33‑993, subsection A, a copy of the notice of completion and a written statement of the date of recording and the county recorder's record location information shall be served by certified or registered mail, postage prepaid, to the owner, the original contractor and all persons from whom the person recording this notice has previously received a preliminary twenty day thirty-day notice as prescribed by Arizona Revised Statutes section 33‑993, subsection I.
Notice: Receipt of a notice of completion may alter the time you have to impress and secure a lien in accordance with Arizona Revised Statutes section 33‑993, subsection A.
G. If there is more than one owner, any notice of completion signed by less fewer than all such owners shall recite the name and address of all such owners. If the notice of completion is signed by a successor in interest, it the notice of completion shall recite the names and addresses of his the successor's transferor or transferors.
H. A notice of completion shall be recorded in the office of the county recorder of the county in which the property or some part of the property is located. The county recorder of the county in which the notice of completion is recorded shall index the notice of completion under the index classification in which mechanics' and materialmen's liens are recorded.
I. If a notice of completion has been recorded, the person recording the notice, within fifteen days of recording, shall mail by certified or registered mail postage prepaid a copy of the notice of completion and a written statement of the date of recording and the county recorder's record location information to the original contractor and all persons from whom the owner has previously received a preliminary twenty day thirty-day notice. In the event the owner or its agent fails to mail a copy of the notice of completion and a written statement of the date of recording and the county recorder's record location information within fifteen days of recording to any person from whom the owner has received a preliminary twenty day thirty-day notice, such person shall have one hundred twenty days from after completion as defined in section 33‑993 to impress and secure the lien provided for in this article.
Sec. 5. Section 33-1056, Arizona Revised Statutes, is amended to read:
33-1056. Effective notice
A. The stop notice shall be delivered to the owner personally or left at the owner's residence with a person of suitable age and discretion or the owner's place of business. If the notice is served on a construction lender who holds construction monies and who maintains branch offices, it is not effective against the construction lender unless it is given to or served on the manager or other responsible officer or person at the office or branch that administers or holds the construction monies. Any stop notice may be served by certified mail with the same effect as by personal service.
B. Service of a stop notice or bonded stop notice is effective only if the claimant complies with all both of the following:
1. Gives any preliminary twenty day thirty-day notice in accordance with sections 33‑992.01 and 33‑992.02 only as required by those sections.
2. Serves the stop notice or bonded stop notice before the expiration of the time within which to record a claim of lien under section 33‑993.
Sec. 6. Section 34-223, Arizona Revised Statutes, is amended to read:
34-223. Payment bond provisions
A. Every claimant who has furnished labor or material in the prosecution of the work provided for in a contract for which a payment bond is furnished under section 34‑222, and who has not been paid in full for the labor or material for the work before the expiration of a period of ninety days after the day on which the last of the labor was done or performed by the claimant or material was furnished or supplied by the claimant for which the claim is made, shall have has the right to sue on the payment bond for the amount, or the balance of the amount, unpaid at the time of institution of the suit and to prosecute the action to final judgment for the sum or sums justly due the claimant, and have execution thereon, provided however that any claimant who has a direct contractual relationship with a subcontractor of the contractor furnishing the payment bond but not a contractual relationship express or implied with the contractor has a right of action on the payment bond on giving the contractor the following notices:
1. A written preliminary twenty‑day thirty-day notice, as provided for in section 33‑992.01, subsection C, paragraphs 1, 2, 3 and 4 and subsections E, F and H.
2. A written ninety‑day notice given within ninety days after the date on which the claimant performed the last of the labor or furnished or supplied the last of the material for which the claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was done or performed. The ninety‑day notice shall be given by any means that provides written, third‑party verification of delivery to the contractor at any place the contractor maintains an office or conducts business, or at the contractor's residence.
B. Every suit instituted under this section shall be brought in the name of the claimant but no such a suit shall may not be commenced after the expiration of one year after the date on which the last of the labor was performed or materials were supplied by the person bringing this suit.
C. On written application, the contracting body and the agent in charge of its office shall furnish to any person that states the person has supplied labor or materials for the work, and payment for the labor or materials for the work has not been made, or is being sued on the bond, or is the surety on the bond, a certified copy of the bond and the contract for which the bond was given. The copy is prima facie evidence of the contents, execution and delivery of the original. Applicants shall pay for the certified copies and the reasonable fees that the contracting body or the agent in charge of its office fixes to cover the actual cost of preparation of the certified copies.
Sec. 7. Section 34-611, Arizona Revised Statutes, is amended to read:
34-611. Payment bonds for construction‑manager‑at‑risk, design‑build and job‑order‑contracting construction services
A. Every claimant who has furnished labor or material in the prosecution of the construction provided for in a contract for construction‑manager‑at‑risk construction services, design‑build construction services and job‑order‑contracting construction services in respect of which a payment bond is furnished under section 34‑610, and who has not been paid in full before the expiration of ninety days after the day on which the last of the labor was done or performed by the claimant or material was furnished or supplied by the claimant for which the claim is made, shall have has the right to sue on the payment bond for the amount, or the balance, unpaid at the time of institution of the suit and to prosecute the action to final judgment for the sums justly due the claimant, and have execution thereon, provided, however, that any claimant having a direct contractual relationship with a subcontractor of the contractor furnishing the payment bond but no not a contractual relationship express or implied with the contractor shall have a right of action on the payment bond on giving the contractor only a written preliminary twenty day thirty-day notice, as provided for in section 33‑992.01, subsection C, paragraphs 1, 2, 3 and 4 and subsections E and H, and on giving written notice to the contractor within ninety days from after the date on which the claimant performed the last of the labor or furnished or supplied the last of the material for which the claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was done or performed. The notice shall be served by registered or certified mail, postage prepaid, in an envelope addressed to the contractor at any place the contractor maintains an office or conducts business, or at the contractor's residence.
B. Every suit instituted under this section shall be brought in the name of the claimant, but no a suit may not be commenced after the expiration of one year from after the date on which the last of the labor was performed or materials were supplied by the person bringing this suit.
C. The contracting body and the agent in charge of its office shall furnish to anyone making written application therefor and who states that it has supplied labor or materials for work, and payment therefor has not been made, or that it is being sued on any bond, or that it is the surety on the bond, a certified copy of the bond and the contract for which it was given, which copy is prima facie evidence of the contents, execution and delivery of the original. Applicants shall pay for these certified copies such reasonable fees as the contracting body or the agent in charge of its office fixes to cover the actual cost of preparation of the certified copies.