Insurance & LiensQuestion 1557 of 1605

After an owner records a lien release bond of 125%, an unpaid subcontractor who wants to be paid must now pursue:

a.The CSLB Recovery Fund
b.The surety on the release bond (and the principal), since the bond substitutes for the property
c.The construction lender's shareholders
d.The real property through foreclosure only

Explanation

When a lien release bond is recorded under Civil Code §8424, the bond substitutes for the property as security. The claimant's foreclosure remedy shifts to an action on the bond against the surety (and principal) rather than the real property.

Law Reference: Civ. Code §8424

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