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Divistion 3 Obligations. Part 4 Obligations Arising From A Particular Transaction. Stop Notice.   

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Chapter 7 Payment Bond For Public Works.

The filing of a stop notice is not a condition precedent to the maintenance of an action against the surety or sureties on the payment bond. An action on the payment bond may be maintained separately from and without the filing of an action against the public entity by whom the contract was awarded or any officer thereof. In any action, the court shall award to the prevailing party a reasonable attorney's fee, to be taxed as costs.

(Amended by Stats. 1970, Ch. 479, Sec. 1.)