Public WorksQuestion 495 of 1632

The payment bond required on a public works contract over $25,000 must be issued by:

a.Any bank the contractor chooses to act as its guarantor
b.The contractor's own insurance agent, acting in person
c.An admitted surety insurer authorised in California
d.The awarding public agency, out of project funds

Explanation

Civil Code §9554(a) requires the payment bond to be executed by an admitted surety insurer, meaning a company the Insurance Commissioner has licensed to transact surety business in this state, so the agency can verify the guarantor's solvency. A bank may issue a letter of credit, but that is not a bond and does not satisfy §9554. An insurance agent sells the bond and does not stand behind it; personal liability of the agent is not security the statute recognises. And the awarding body is the party the bond protects, so it cannot also be the guarantor.

Law Reference: Civil Code §9554(a); Code Civ. Proc. §995.311

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