§ 996.250.Additional Or Supplemental Bond
Title 14. Of Miscellaneous Provisions · Chapter 2. Bonds and Undertakings · Article 12. New, Additional, and Supplemental Bonds · Enacted 1982 · no amendments on record · Last verified July 28, 2026
Full Text of § 996.250
Plain-English Summary
Adding a bond on top of an existing one doesn't retire the original. Subdivision (a) says the original bond keeps its full force exactly as though the additional or supplemental bond had never been given.
Because both bonds stay live, subdivision (b) lets the beneficiary choose how to enforce liability for an injury caused by a breach: sue on either bond alone, or pursue both and recover separate judgments against each. That flexibility comes with a limit in subdivision (c); if the beneficiary does recover separate judgments on both bonds for the same cause of action, both judgments can be enforced, but the beneficiary can only collect the costs of one proceeding and the amount awarded in one of them. No double recovery is allowed on the same claim.
Subdivision (d) then settles accounts between the bonds themselves. If sureties on one bond end up paying on the principal's behalf, they can recover a distributive share of what they paid from the sureties on the other bond, split in proportion to each bond's amount and to what each side paid.
Frequently Asked Questions
Does an additional or supplemental bond replace the original bond?
No. The original bond remains in full force as if the additional or supplemental bond had not been given.
Can the beneficiary sue on both bonds for the same breach?
Yes. The beneficiary may enforce liability on either bond, or enforce it separately on both and recover separate judgments.
Can the beneficiary collect twice for the same claim?
No. Only the costs and award from one of the two proceedings can be collected on the same cause of action.
What if sureties on one bond end up paying the whole claim?
They can recover a distributive share from the sureties on the other bond, in proportion to the amounts of the bonds and the sums paid.
Amendment History
Added by Stats. 1982, Ch. 998, Sec. 1.