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What can I do in cases where CA public school districts are not requiring bonds on projects?

CaliforniaBond Claims

As I've understood, CA requires all public projects (including schools) to have a bond on projects over $25,000. As a supplier, I've began asking for bond information on all projects over this limit. I've run into several schools that are telling me the bond is not available or being required on the project. Am I missing more specific requirements for these projects? I would assume, if I'm going to the school directly, they would have this information available.

2 replies

Sep 20, 2022
You are correct in that Civil code section 9550 says: "(a) A direct contractor that is awarded a public works contract involving an expenditure in excess of twenty-five thousand dollars ($25,000) shall, before commencement of work, give a payment bond to and approved by the officer or public entity by whom the contract was awarded. (b) A public entity shall state in its call for bids that a payment bond is required for a public works contract involving an expenditure in excess of twenty-five thousand dollars ($25,000). (c) A payment bond given and approved under this section will permit performance of and provide coverage for work pursuant to a public works contract that supplements the contract for which the bond is given, if the requirement of a new bond is waived by the public entity. (d) For the purpose of this section, a design professional is not deemed a direct contractor and is not required to give a payment bond. (e) This section does not apply to a public works contract with a “state entity” as defined in subdivision (d) of Section 7103 of the Public Contract Code." Go to the school directly for the information. Good luck.
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Sep 20, 2022

You are generally right about bond requirements.

The school district should provide it in an informal request.

If not, I would ask for it through a request under the CA public records act.

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