§104-27  Liability.  If the accrued
payments withheld under the terms of the contract are insufficient to reimburse
all the laborers and mechanics for wages or overtime compensation due under
this chapter, and the contractor has failed to pay the wages or overtime
compensation, the contractor and the contractor's sureties shall be liable to
the laborers and mechanics in the amount of the unpaid wages and overtime
compensation due, and in an additional equal amount as liquidated damages. 
However, any claim for liquidated damages, insofar as the surety or sureties
are concerned, shall not be paid until the claims of all other creditors have
been satisfied. [L 1995, c 181, pt of §2]