California Codes, Civil Code - CIV, Division 4 — General Provisions, Part 6 — Works of Improvement, Title 2 — Private Works of Improvement, Chapter 6 — Payment Bond, Section 8609

Any provision in a payment bond attempting by contract to shorten the period prescribed in Section 337 of the Code of Civil Procedure for the commencement of an action on the bond shall not be valid under either of the following circumstances:

(a) If the provision attempts to limit the time for commencement of an action on the bond to a shorter period than six months from the completion of any work of improvement.

(b) As applied to any action brought by a claimant, unless the bond is recorded before the work of improvement is commenced.

Notes

Bars a payment-bond term from validly shortening the statutory action period when it allows less than six months from completion of any work of improvement. Also bars such a shortened period against a claimant unless the bond was recorded before the work of improvement commenced.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 8609 | https://laws.lexinter.net/codes/california/civil-code/division-4/part-6/title-2/chapter-6/section-8609

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