Liability of Surety Bond Determined at Time of Default, Not Time of Entry of Judgment
What happens if the size of a surety bond is increased at some point in time, but the increase occurs after the breach which is insured by the bond? Does the increased bond apply to the preexisting breach or not?
Apparently not, according to a new Division 2 case. The contractor originally maintained a $6,000 bond but the amount jumped to $12,000 in July 2001 due to a legislative amendment. By that time, the principal on the bond (the builder) had already breached its contract to build a custom home. The homeowner obtained judgment against the builder in 2005 and argued that the surety bond in effect at the time of the judgment (the $12,000 bond) was liable.
The Court of Appeals rejected this argument:
Thus, the statute links any suit against the bond to the underlying claim when the contractor breaches by abandoning the work or by failing to remedy minor defects. In this statutory scheme, we look to the amount of the bond on the date of the breach.
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