3225-3227
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.