Court Opinions

State Laws

US Code

US Constitution

California Public Contract Code Section 4108

Legal Research Home > California Lawyer > Public Contract Code > California Public Contract Code Section 4108

(a)  It shall be the responsibility of each subcontractor
submitting bids to a prime contractor to be prepared to submit a
faithful performance and payment bond or bonds if so requested by the
prime contractor.
   (b) In the event any subcontractor submitting a bid to a prime
contractor does not, upon the request of the prime contractor and at
the expense of the prime contractor at the established charge or
premium therefor, furnish to the prime contractor a bond or bonds
issued by an admitted surety wherein the prime contractor shall be
named the obligee, guaranteeing prompt and faithful performance of
the subcontract and the payment of all claims for labor and materials
furnished or used in and about the work to be done and performed
under the subcontract, the prime contractor may reject the bid and
make a substitution of another subcontractor subject to Section 4107.

   (c) (1) The bond or bonds may be required under this section only
if the prime contractor in his or her written or published request
for subbids clearly specifies the amount and requirements of the bond
or bonds.
   (2) If the expense of the bond or bonds required under this
section is to be borne by the subcontractor, that requirement shall
also be specified in the prime contractor's written or published
request for subbids.
   (3) The prime contractor's failure to specify bond requirements,
in accordance with this subdivision, in the written or published
request for subbids shall preclude the prime contractor from imposing
bond requirements under this section.

Last modified: January 12, 2009