Reorganized School District R-3, Potosi ex rel. Ahrens & McCarron, Inc. v. L. D. Compton Construction Co.

WEIER, Judge.

Two issues are presented in this case. First, is a provision valid and enforceable in a labor and material payment bond which requires the claimant to give written notice within ninety days after he furnishes the last of the materials for which claim is made? And, second, if the provision is valid, did the replacement of a gas pipe leading into a gas-fired water heater with a shorter piece of pipe, for which no charge was made, constitute the furnishing of materials so as to make it the last item of the account and thereby place it within the ninety (90) day period required for…