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HomeCivil CodeDiv. 4Pt. 6Ch. 5§ 9564 Payment Bond Claim Enforcement

§ 9564 Payment Bond Claim Enforcement

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

§ 9564 Payment Bond Claim Enforcement

Key Takeaways

  • •If someone is owed money on a project with a payment bond, they can sue the surety (the company that promised to pay) even if they didn’t warn the government first.
  • •They can sue the surety without suing the government or any government worker.
  • •If they win the lawsuit, the court will make the losing side pay their lawyer fees.

Example

A small construction company works on a school project but doesn’t get paid. The school used a payment bond to guarantee payment.

The company can sue the bond company directly for the money they’re owed, even if they didn’t tell the school ahead of time. If they win, the bond company has to pay their lawyer bills too.

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

Official Source
View on CA.gov

§ 9564 Payment Bond Claim Enforcement

(a) A claimant may maintain an action to enforce the liability of a surety on a payment bond whether or not the claimant has given the public entity a stop payment notice. (b) A claimant may maintain an action to enforce the liability on the bond separately from and without commencement of an action against the public entity by whom the contract was awarded or against any officer of the public entity. (c) In an action to enforce the liability on the bond, the court shall award the prevailing party a reasonable attorney’s fee. (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

claimantsuretypayment bondpublic entitystop payment noticereasonable attorney’s fee

Related Statutes

  • § 8538 Claimant Notice Of Election
  • § 9552 Payment Bond Claim Requirements
  • § 8502 Stop Payment Notice Requirements
  • § 8522 Owner Stop Payment Obligations
  • § 8532 Stop Payment Notice Bond

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 9564.
View Official Source