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 8604

(a) If a lending institution requires that a payment bond be given as a condition of lending money to finance a work of improvement, and accepts in writing as sufficient a bond given in fulfillment of the requirement, the lending institution may not thereafter object to the borrower as to the validity of the bond or refuse to make the loan based on an objection to the bond if the bond is given by an admitted surety insurer.

(b) For purposes of this section, a “lending institution” includes a commercial bank, savings and loan institution, credit union, or other organization or person engaged in the business of financing loans.

Notes

Bars a lending institution that required and accepted in writing a payment bond from later objecting to the borrower about that bond’s validity or refusing the loan on that basis when an admitted surety insurer issued the bond. Defines lending institution to include specified financial institutions and other loan-financing businesses or persons.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 8604 | https://laws.lexinter.net/codes/california/civil-code/division-4/part-6/title-2/chapter-6/section-8604

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