(a) Notwithstanding any other provision of law, any bond required on a public works contract, as defined in Section 1101 of the Public Contract Code, shall be executed by an admitted surety insurer. A public agency approving the bond on a public works contract shall have a duty to verify that the bond is being executed by an admitted surety insurer.
§ 995.311.Execution of Bond Required On Public Works Contract
Title 14. Of Miscellaneous Provisions · Chapter 2. Bonds and Undertakings · Article 3. Execution and Filing · Enacted 2001 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 995.311 requires any bond required on a public works contract to be executed by an admitted surety insurer, makes the approving public agency responsible for verifying that status, and lets the agency satisfy that duty by attaching Department of Insurance verification or a county clerk certificate to the bond.
Full Text of § 995.311
(b) A public agency may fulfill its duty under subdivision (a) by verifying the status of the party executing the bond in one of the following ways:
(1) Printing out information from the website of the Department of Insurance confirming the surety is an admitted surety insurer and attaching it to the bond.
(2) Obtaining a certificate from the county clerk that confirms the surety is an admitted insurer and attaching it to the bond.
Plain-English Summary
Public works contracts get a stricter rule than § 995.310's general default. No matter what the underlying contract statute says, a bond required on a public works contract — as Public Contract Code § 1101 defines that term — must be executed by an admitted surety insurer. Personal sureties aren't an option here.
The public agency approving the bond carries the responsibility for making sure that requirement is met. Subdivision (b) gives the agency two ways to document that verification: printing out information from the Department of Insurance's website confirming the surety's admitted status and attaching it to the bond, or obtaining a certificate from the county clerk confirming the same thing and attaching that instead.
Frequently Asked Questions
Can a personal surety back a bond on a public works contract?
No. Section 995.311 requires execution by an admitted surety insurer for any bond required on a public works contract.
Who is responsible for confirming the surety is truly admitted?
The public agency approving the bond has a duty to verify that the surety is an admitted surety insurer.
How can the agency document that verification?
By printing confirmation from the Department of Insurance's website and attaching it to the bond, or by obtaining and attaching a certificate from the county clerk confirming the surety's admitted status.
Amendment History
Added by Stats 2001 ch 181 (AB 263), s 1, eff. 1/1/2002.
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
Also known as: public works bond admitted surety californiapublic agency verify surety insurer