3239-3242
CIVIL CODE
SECTION 3239-3242
3239. No provision in any payment bond given pursuant to any of the provisions of this chapter attempting by contract to shorten the period prescribed in Section 337 of the Code of Civil Procedure for the commencement of an action thereon shall be valid if such provision attempts to limit the time for commencement of action thereon to a shorter period than six months from the completion of any work of improvement, nor shall any provision in any of such bonds attempting to limit the period for the commencement of actions thereon be valid insofar as actions brought by claimants are concerned, unless such bond is recorded, before the work of improvement is commenced, with the county recorder of the county in which the property referred to therein is situated. 3240. Notwithstanding Section 3239, if a surety on any payment bond given pursuant to this chapter records the payment bond in the office of the county recorder of the county in which the property is situated before the work of improvement is completed, then any action against the surety or sureties shall be commenced not later than six months after the completion of the work of improvement. 3242. (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 private work, a claimant shall give the 20-day private work preliminary notice provided in Section 3097. (b) If the 20-day private work preliminary notice was not given as provided in Section 3097, 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.