Commonwealth v. Roat

Valentine, J.,

— This is a suit on a bond given by a contractor engaged in the construction of a state highway under the provisions of the Act of May 31,1911, P. L. 468, and the supplementary Acts of May 16, 1921, P. L. 650, and May 7, 1929, P. L. 1590, providing:

“Where suit is instituted by any of such creditors on the bond of the contractor, it shall not be commenced until after the complete performance of said contract and final settlement thereof with the Commonwealth, and shall be commenced within one year after the performance and said final settlement of said contract, and not later.…