Department of Industrial Relations v. Seaboard Surety Co

In Department of Industrial Relations v. Seaboard Surety Co. (1996) 50 Cal.App.4th 1501, 1508, an appellate court stated: "The payment bond provisions 'give to materialmen and laborers who furnish material for and render services upon public works an additional means of receiving compensation.' Although an action on a bond may be joined with an action on a stop notice claim, the two are independent remedies and one is cumulative to the other. Further, as stated in Pneucrete Corp. v. U. S. Fid. & G. Co. (1935) 7 Cal.App.2d 733, . . . 737, 'the bond required is not a voluntary bond but a statutory bond , and affords an additional or cumulative remedy.' In Powers Regulator Co. v. Seaboard Surety Co., supra, 204 Cal.App.2d 338, the court points out that as a result of the statutory nature of the bond as a substitute protection for persons in the position of laborers, materialmen and subcontractors , the bond creates 'a primary obligation of the surety company' to all legitimate claims of such persons , and the surety owes a statutory obligation to such persons that is independent of the terms of any contract."