California Surety Bond Claim Attorneys
California surety bond claim attorneys handling payment, performance, and bid bond disputes for construction clients.
Surety bonds are a critical safety net in construction — but pursuing or defending a bond claim requires specialized knowledge that most attorneys don't have. Whether you're a subcontractor making a payment bond claim or a contractor defending against a performance bond claim, the stakes are high and the procedures are complex.
Why It Happens
Surety bond claims arise when a contractor fails to perform (performance bond) or fails to pay subcontractors and suppliers (payment bond). On public works projects, payment bonds are required by law. On private projects, payment bonds are optional but increasingly common.
California's surety bond framework is governed by multiple statutes: payment bonds on public works are required under Civil Code §9550 et seq. (Little Miller Act) for projects over $25,000; federal public works are governed by the Miller Act (40 U.S.C. §3131). For private works, payment bonds are optional but increasingly required by sophisticated owners. Payment bond claim deadlines are strict: serve a preliminary notice within 20 days of first furnishing work; serve written notice on the surety within 30 days of recording a notice of completion (or 90 days after completion if no notice is recorded); file suit within 6 months of the last furnishing of work. Performance bond claims arise when a contractor defaults; the surety has three options: complete the project, hire a completion contractor, or pay the owner's completion costs. Surety defenses include: contractor's failure to comply with contract terms, owner's failure to make required payments, and fraud by the bond principal.
What's at Risk
- Missing the payment bond claim notice deadline (typically 15-90 days after last work)
- Failing to file a lawsuit on the bond within the required timeframe
- Not identifying all available bond coverage
- Surety defenses based on contractor's failure to comply with contract terms
- Surety's right to complete the project vs. pay damages
- Not knowing whether a payment bond exists on the project
- Missing the preliminary notice requirement for bond claims
- Failing to send timely written notice to the surety
- Not understanding the difference between performance and payment bonds
- Assuming bond claims are the same as mechanics lien claims
A subcontractor on a $45M public works project was owed $680K by a general contractor who became insolvent. We identified the payment bond, served timely notice on the surety, and filed a bond claim. The surety paid $680K within 90 days — the full amount owed.
Past results do not guarantee future outcomes. Every case is different.
Frequently Asked Questions
- We identify all available bond coverage on your project
- We serve timely notice on sureties to preserve bond claim rights
- We pursue payment bond claims on public and private projects
- We defend performance bond claims and negotiate with sureties
- We coordinate bond claims with mechanics liens and stop notices
Payment bond claim deadlines run from project completion — don't miss them.
On public works, you must serve a preliminary notice within 20 days and a stop payment notice within 30 days of completion.
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