In Granite Construction Co. v. American Motorists Ins. Co. (1994) 29 Cal.App.4th 658, a sub-subcontractor in a new subdivision performed work for which it was not paid. The original contractor and subcontractor filed for bankruptcy.
The surety refused payment. The sub-subcontractor filed suit against the surety and won a motion for summary judgment and award of attorney fees. (Id. at p. 661.)
The surety appealed, contending the sub-subcontractor had not timely filed a requisite public works preliminary bond notice and was not entitled to attorney fees. (Id. at pp. 661-662.)
The court of appeal affirmed the trial court's judgment. (Id. at p. 662.)