Insurance & LiensQuestion 1478 of 1632

On a private commercial project the direct contractor furnishes a payment bond. Its primary purpose is to:

a.Protect the owner against defective workmanship
b.Guarantee the project is completed on schedule
c.Reimburse the owner's construction financing costs
d.Guarantee payment to subs, laborers and suppliers

Explanation

A payment bond guarantees payment down the chain: §8608 gives the right of recovery to claimants who provided work to the direct contractor, directly or through one or more subcontractors, and §8612 conditions the claim on the preliminary notice the lien law requires. (a) and (b) both describe a performance bond, which answers to the owner for completion and quality — the two bonds are usually bought together and confusing them is the classic error. (c) is not a bonded obligation at all; financing costs are the owner's own.

Law Reference: Civ. Code §8608 / §8612

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