(a) The contractor shall file the payment bond with the circuit clerk of the county in which the construction work is to take place before the commencement of the construction work required under the construction contract, public construction contract, or real estate construction contract.
(b) If the contractor fails to file the payment bond as required by subsection (a) of this section, the person letting the construction contract, public construction contract, or real estate construction contract is not required to pay the contractor until the contractor:(1) Files the payment bond; and(2) Provides a file-marked copy of the payment bond to the person letting the construction contract, public construction contract, or real estate construction contract.
(1) Files the payment bond; and
(2) Provides a file-marked copy of the payment bond to the person letting the construction contract, public construction contract, or real estate construction contract.