SECTIONS 3239-3242 - California Statutes

CIVIL CODE

SECTION 3239-3242

3239. No provision in any payment bond given pursuant to any of the
provisions of this chapter attempting by contract to shorten the
period prescribed in Section 337 of the Code of Civil Procedure for
the commencement of an action thereon shall be valid if such
provision attempts to limit the time for commencement of action
thereon to a shorter period than six months from the completion of
any work of improvement, nor shall any provision in any of such bonds
attempting to limit the period for the commencement of actions
thereon be valid insofar as actions brought by claimants are
concerned, unless such bond is recorded, before the work of
improvement is commenced, with the county recorder of the county in
which the property referred to therein is situated.

3240. Notwithstanding Section 3239, if a surety on any payment bond
given pursuant to this chapter records the payment bond in the
office of the county recorder of the county in which the property is
situated before the work of improvement is completed, then any action
against the surety or sureties shall be commenced not later than six
months after the completion of the work of improvement.

3242. (a) With regard to a contract entered into on or after
January 1, 1995, in order to enforce a claim upon any payment bond
given in connection with a private work, a claimant shall give the
20-day private work preliminary notice provided in Section 3097.
(b) If the 20-day private work preliminary notice was not given as
provided in Section 3097, a claimant may enforce a claim by giving
written notice to the surety and the bond principal as provided in
Section 3227 within 15 days after recordation of a notice of
completion. If no notice of completion has been recorded, the time
for giving written notice to the surety and the bond principal is
extended to 75 days after completion of the work of improvement.