(1) All civil actions against contractors brought by any claimant shall make the commissioner a defendant to the action by issuance of process from the county where the civil action was filed to the county of the defendant, and they shall be brought in the county where the main office of the department is situated or in any county in which any part of the work was prosecuted. In the event that the department is not holding sums due a contractor described in § 54-5-123(a) or upon payment of the amount specified in subsection (b), upon request by the commissioner, the commissioner shall be dismissed as a party.
(2) When a civil action has been properly brought, in the event the department is holding any amount due a contractor described in § 54-5-123(a), the amount or the amount of the claim, whichever is less, shall be paid into court.