LBExamMechanics liens and preliminary notice, Civil Code
Bonds
Any bond given under Part 6 answers to three sections, Title 1, Chapter 4, 8150 to 8154: the Bond and Undertaking Law of the Code of Civil Procedure applies to it, a change to the contract or to the terms of payment does not release the surety, and the bond is construed most strongly against the surety and in favor of the people it was given for. The free questions do not reach this chapter yet.
- Cited as
- Civil Code Part 6: Works of Improvement
- This chapter
- Title 1, Chapter 4. Bonds
- Sections
- 3
- Official copy
- The chapter on the publisher site
Reproduced from the official code text. The official version is the one linked above. Nothing has been added to the text, and nothing inside this chapter has been left out.
Section 8150§Sections
The Bond and Undertaking Law (Chapter 2 (commencing with Section 995.010) of Title 14 of Part 2 of the Code of Civil Procedure) applies to a bond given under this part, except to the extent this part prescribes a different rule or is inconsistent.
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
Section 8152§Sections
None of the following releases a surety from liability on a bond given under this part:
(a) A change, alteration, or modification to a contract, plan, specification, or agreement for a work of improvement or for work provided for a work of improvement.
(b) A change or modification to the terms of payment or an extension of the time for payment for a work of improvement.
(c) A rescission or attempted rescission of a contract, agreement, or bond.
(d) A condition precedent or subsequent in the bond purporting to limit the right of recovery of a claimant otherwise entitled to recover pursuant to a contract, agreement, or bond.
(e) In the case of a bond given for the benefit of claimants, the fraud of a person other than the claimant seeking to recover on the bond.
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
Section 8154§Sections
(a) A bond given under this part shall be construed most strongly against the surety and in favor of all persons for whose benefit the bond is given.
(b) A surety is not released from liability to those for whose benefit the bond has been given by reason of a breach of the direct contract or on the part of any obligee named in the bond.
(c) Except as otherwise provided by statute, the sole conditions of recovery on the bond are that the claimant is a person described in Article 1 (commencing with Section 8400) of Chapter 4 of Title 2, or in Section 9100, and has not been paid the full amount of the claim.
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)