2011 California Code
Civil Code
DIVISION 3. OBLIGATIONS [1427 - 3272.9]
CHAPTER 7. Payment Bond for Public Works
Section 3252

(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 public work, a claimant shall give the 20-day public work preliminary bond notice as provided in Section 3098.

(b) On and after January 1, 1995, and before July 1, 2012, if the 20-day public work preliminary bond notice was not given as provided in Section 3098, 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.

(c) Commencing January 1, 2012, and except as provided in subdivision (b), if the 20-day public work preliminary bond notice was required to be given by a person who has no direct contractual relationship with the contractor, and who has not given notice as provided in Section 3098, that person 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.

(d) Subdivision (c) shall not apply in either of the following circumstances:

(1) All progress payments, except for those disputed in good faith, have been made to a subcontractor who has a direct contractual relationship with the general contractor to whom the claimant has provided materials or services.

(2) The subcontractor who has a direct contractual relationship with the general contractor to whom the claimant has provided materials or services has been terminated from the project pursuant to the contract, and all progress payments, except those disputed in good faith, have been made as of the termination date.

(e) Pursuant to subdivision (a) of Section 3097 and subdivision (c) of Section 3098, this section shall not apply to a laborer, as defined in Section 3089.

(f) This section shall become inoperative on July 1, 2012, and, as of January 1, 2013, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2013, deletes or extends the dates on which it becomes inoperative and is repealed.

(Amended by Stats. 2011, Ch. 700, Sec. 2. Effective January 1, 2012. Inoperative July 1, 2012, by its own provisions. Repealed as of January 1, 2013, by its own provisions. Repealed (as part of Title 15, comm. with Section 3082) as of July 1, 2012, pursuant to Stats. 2010, Ch. 697, Secs. 16 and 105.)