2009 California Civil Code - Section 3225-3227 :: Article 1. Construction Of And Terms And Conditions Of Bonds

CIVIL CODE
SECTION 3225-3227

3225.  The surety or sureties on any bond given pursuant to any of
the provisions of this title shall not be exonerated or released from
the obligation of the bond by any change, alteration, or
modification in or of any contract, plans, specifications, or
agreement pertaining or relating to any scheme or work of improvement
or pertaining or relating to the furnishing of labor, materials, or
equipment therefor, nor by any change or modification of any terms of
payment or extension of the time for any payment pertaining or
relating to any scheme or work of improvement, nor by any rescission
or attempted rescission of the contract, agreement or bond, nor by
any conditions precedent or subsequent in the bond attempting to
limit the right of recovery of claimants otherwise entitled to
recover under any such contract or agreement or under the bond, nor,
where the bond is given for the benefit of claimants, by any fraud
practiced by any person other than the claimant seeking to recover on
the bond.

3226.  Any bond given pursuant to the provisions of this title will
be construed most strongly against the surety and in favor of all
persons for whose benefit such bond is given, and under no
circumstances shall a surety be released from liability to those for
whose benefit such bond has been given, by reason of any breach of
contract between the owner and original contractor or on the part of
any obligee named in such bond, but the sole conditions of recovery
shall be that claimant is a person described in Section 3110, 3111,
or 3112, and has not been paid the full amount of his claim.

3227.  (a) The written notice to be given to the surety and the bond
principal may be given by personal delivery, or by depositing the
notice in the mail, postage prepaid, certified or registered, and
addressed in accordance with any of the following that may be
applicable:
   (1) If to an individual surety, at his or her residence or place
of business, if known. If to an individual surety whose residence is
unknown, then in care of the clerk of the county in which the bond
has been recorded.
   (2) If to a corporate surety, at the office of or in care of the
agent designated by the surety in the bond as the address to which
notice shall be sent.
   (3) At the office of or in care of any officer of the surety in
this state.
   (4) At the office of or in care of the statutory agent of the
surety in this state.
   (5) To the bond principal at the last known address.
   (6) By service in the manner provided by law for the service of a
summons in a civil action.
   (b) The written notice described in subdivision (a) shall contain
all of the following:
   (1) The kind of labor, services, equipment, or materials furnished
or agreed to be furnished by the claimant.
   (2) The name of the person to or for whom the labor, services,
equipment, or materials were furnished.
   (3) The amount in value, as near as may be determined, of any
labor, services, equipment, or materials already furnished or to be
furnished.

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