Business & LicensingQuestion 1452 of 1632

A claimant recovers against the contractor's license bond and the surety pays. What may the surety then do?

a.Cancel the consumer's remaining rights under that bond
b.Raise the bond to ten times its original face amount
c.Nothing, since paying claims is the cost of the premium
d.Seek reimbursement from the contractor it paid for

Explanation

A surety bond is not insurance for the contractor: the surety guarantees the contractor's obligations to third parties, and on paying a claim it is entitled to indemnity from its principal, the contractor. §7071.11(e) requires the surety to notify the Registrar within 30 days of any payment, and §7071.11(f) gives the licensee at least 15 days to protest before the surety settles a claim in good faith. (a) reverses the beneficiary, who is the claimant rather than the surety's customer. (b) borrows the §7071.8 disciplinary-bond ceiling, which only the Registrar may impose. (c) describes an insurance policy, where premiums fund losses with no right of recovery against the insured.

Law Reference: B&P Code §7071.11(e)-(f)

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Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)
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