保险与留置权第 1534 / 1632 题

On a private work of improvement where a valid payment bond has been recorded, an unpaid subcontractor may:

a.Pursue the bond only, the lien right having been given up
b.Recover twice the amount owed, from bond and lien alike
c.Pursue the surety and, where available, a mechanics lien
d.Lien the property only, because the bond runs to the owner

解析

A private-work payment bond adds a surety to pursue; it does not by itself extinguish lien rights, and a claimant may hold both remedies while recovering the debt only once. The real qualification is Civil Code §8600: where the owner in good faith files the direct contract with the county recorder and records a payment bond of at least 50 percent of the contract price before work commences, the court shall, where equitable, restrict lien enforcement to the bond. (a) states that outcome as though it were automatic, which it is not. (b) is double recovery, which no remedy permits. (d) misreads who may claim on the bond: §8608 gives the right to claimants who provided work to the direct contractor, directly or through subcontractors.

法律依据: Civ. Code §8600 / §8608

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