California Codes, Civil Code - CIV, Division 4 — General Provisions, Part 6 — Works of Improvement, Title 2 — Private Works of Improvement, Chapter 7 — Security for Large Project, Article 3 — Form of Security, Section 8724

An irrevocable letter of credit under this chapter shall satisfy all of the following requirements:

(a) The letter of credit shall be issued by a financial institution, as defined in Section 5107 of the Financial Code, inuring to the benefit of the direct contractor.

(b) The letter of credit shall be in an amount not less than 15 percent of the contract price for the work of improvement or, if the work of improvement is to be substantially completed within six months after the commencement of work, not less than 25 percent of the contract price.

(c) The maturity date and other terms of the letter of credit shall be determined by agreement between the owner, the direct contractor, and the financial institution, except that the owner shall maintain the letter of credit in effect until the owner has satisfied its payment obligation to the direct contractor.

Notes

Requires an irrevocable letter of credit to benefit the direct contractor, be issued by a qualifying financial institution, and equal at least 15 percent of contract price, or 25 percent if substantial completion is due within six months. Requires the owner to keep it effective until the payment obligation to the direct contractor is satisfied.

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