American Buildings Co. v. Bay Commerical Construction, Inc.

Opinion

BLEASE, Acting P. J.

Defendants Bay Commercial Construction, Inc., and AmWest Surety Insurance Co., appeal from a judgment rendered after the trial court granted plaintiff American Buildings Company’s motion for summary judgment.

Plaintiff brought this action to recover $41,775 on a contractor’s payment bond for materials supplied to a now bankrupt subcontractor on a public works project commissioned by the City of Roseville.

Civil Code section 3098 requires that a person, within 20 days of furnishing labor or materials for a public work, must serve a “preliminary 20-day notice” in order…