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HomeCivil CodeDiv. 4Pt. 6Ch. 6§ 8604 Lender Bond Acceptance Rules

§ 8604 Lender Bond Acceptance Rules

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 8604 Lender Bond Acceptance Rules

Key Takeaways

  • •If a bank asks for a payment bond (a promise to pay) before giving a loan for a construction project, they can't later say the bond is no good if it's from a real insurance company.
  • •The bank must accept the bond in writing first. After that, they can't change their mind and refuse the loan because of the bond.
  • •This rule applies to banks, credit unions, and other places that give out loans.

Example

You want to build a house and need a loan from the bank. The bank says, 'We'll give you the money only if you get a payment bond.' You get the bond from a real insurance company, and the bank writes a letter saying it's okay. Later, the bank can't say, 'Actually, we don't like this bond,' and refuse to give you the loan.

The bank already agreed the bond was good, so they have to stick to their word and give you the loan.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 8604 Lender Bond Acceptance Rules

(a) If a lending institution requires that a payment bond be given as a condition of lending money to finance a work of improvement, and accepts in writing as sufficient a bond given in fulfillment of the requirement, the lending institution may not thereafter object to the borrower as to the validity of the bond or refuse to make the loan based on an objection to the bond if the bond is given by an admitted surety insurer. (b) For purposes of this section, a “lending institution” includes a commercial bank, savings and loan institution, credit union, or other organization or person engaged in the business of financing loans. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)

Last verified: January 21, 2026

Key Terms

payment bondlending institutionadmitted surety insurerwork of improvement

Related Statutes

  • § 8606 Payment Bond Claim Enforcement
  • § 8609 Payment Bond Time Limits
  • § 8610 Payment Bond Enforcement Deadline
  • § 8600 Contractor Payment Bond Liens
  • § 8602 Contractor Bond Requirements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 8604.
View Official Source