(a) In all actions in which the court has granted an injunction sought by any plaintiff to enjoin a construction project which has received all legally required licenses and permits, the defendant may apply to the court by noticed motion for an order requiring the plaintiff to furnish an undertaking as security for costs and any damages that may be incurred by the defendant by the conclusion of the action or proceeding as the result of a delay in the construction of the project. The motion shall be made on the grounds that there is no reasonable possibility that the plaintiff will obtain a judgment against the moving defendant and that the plaintiff will not suffer undue economic hardship by filing the undertaking.
§ 529.1.Undertaking By Plaintiff In Action Enjoining Construction Project
Title 7. Other Provisional Remedies In Civil Actions · Chapter 3. Injunction · Last amended 2005 · Last verified July 28, 2026
In one sentenceSection 529.1 lets a defendant in a fully permitted construction project ask the court to require the plaintiff who obtained an injunction against that project to post an undertaking, up to five hundred thousand dollars, covering costs and damages from construction delay, on a showing the plaintiff has little chance of winning and can afford the bond.
Full Text of § 529.1
(b) If the court, after hearing, determines that the grounds for the motion have been established, the court shall order that the plaintiff file the undertaking in an amount specified in the court's order as security for costs and damages of the defendant. The liability of the plaintiff pursuant to this section for the costs and damages of the defendant shall not exceed five hundred thousand dollars ($500,000).
(c) As used in this section, a construction project includes, but is not restricted to, the construction, surveying, design, specifications, alteration, repair, improvement, maintenance, removal, or demolition of any building, highway, road, parking facility, bridge, railroad, airport, pier or dock, excavation or other structure, development or other improvement to real or personal property.
Plain-English Summary
Section 529.1 protects developers whose fully permitted construction project has been stalled by an injunction. A defendant facing that kind of injunction can move the court, on notice, to require the plaintiff to post an undertaking covering the costs and damages the delay causes — but only on a two-part showing: that there's no reasonable possibility the plaintiff will win the underlying case, and that requiring the bond won't cause the plaintiff undue economic hardship.
If the court agrees after a hearing that both conditions are met, it sets the bond amount in its order, capped at five hundred thousand dollars in total liability for the defendant's costs and damages. The statute defines "construction project" expansively — covering everything from surveying and design work to actual construction, alteration, repair, or demolition of buildings, roads, bridges, airports, and similar structures or improvements.
This section works alongside the general injunction-bond rule in § 529, adding a defendant-initiated mechanism specifically for construction delay cases, and it parallels § 529.2's similar bond procedure for lawsuits challenging affordable housing projects.
Frequently Asked Questions
When can a defendant ask for a bond under § 529.1?
When a court has enjoined a fully permitted construction project, and the defendant shows there's no reasonable possibility the plaintiff will win and that the bond won't cause the plaintiff undue economic hardship.
Is there a cap on how much the plaintiff can be required to post?
Yes. Section 529.1(b) caps the plaintiff's total liability for the defendant's costs and damages at five hundred thousand dollars.
What counts as a "construction project" under this section?
A broad range of activity, including construction, surveying, design, alteration, repair, improvement, maintenance, removal, or demolition of buildings, roads, bridges, airports, docks, and similar structures.
Amendment History
Amended by Stats 2004 ch 193 (SB 111),s 11, eff. 1/1/2005
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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