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