California Court of Appeal

Summary judgment in favor of defendant-insurer in this action to enforce a labor and material bond issued in connection with a subdivision project to develop a golf course and residences is reversed and remanded, where: 1) the trial court erred in applying the statute of limitations applicable to enforcement of labor and material bonds on "public work" projects; 2) the work performed under its contract with the developer was a "private work" of improvement, even though the work was required by a subdivision agreement with a public entity; and therefore, 3) the four-year statute of limitations to enforce written contracts applies to plaintiff's action to enforce the bonds under the circumstances of this case.

Appellate Information

• Decided 01/27/2014
• Published 01/27/2014

Judges

• KRIEGLER

Court

• California Court of Appeal

Counsel