reglab/housing_qa huggingface dataset:
CA Civ Code § 6860 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 5.3 - Commercial and Industrial Common Interest Developments|CHAPTER 9 - Dispute Resolution and Enforcement|ARTICLE 2 - Civil Actions|Section 6860.

6860.  (a) In an action maintained by an association pursuant to subdivision (b), (c), or (d) of Section 6858, the amount of damages recovered by the association shall be reduced by the amount of damages allocated to the association or its managing agents in direct proportion to their percentage of fault based upon principles of comparative fault. The comparative fault of the association or its managing agents may be raised by way of defense, but shall not be the basis for a cross-action or separate action against the association or its managing agents for contribution or implied indemnity, where the only damage was sustained by the association or its members. It is the intent of the Legislature in enacting this subdivision to require that comparative fault be pleaded as an affirmative defense, rather than a separate cause of action, where the only damage was sustained by the association or its members.(b) In an action involving damages described in subdivision (b), (c), or (d) of Section 6858, the defendant or cross-defendant may allege and prove the comparative fault of the association or its managing agents as a setoff to the liability of the defendant or cross-defendant even if the association is not a party to the litigation or is no longer a party whether by reason of settlement, dismissal, or otherwise.(c) Subdivisions (a) and (b) apply to actions commenced on or after January 1, 1993.(d) Nothing in this section affects a person’s liability under Section 1431, or the liability of the association or its managing agent for an act or omission that causes damages to another.(Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
CA Civ Code § 8100 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 6 - WORKS OF IMPROVEMENT|TITLE 1 - WORKS OF IMPROVEMENT GENERALLY|CHAPTER 2 - Notice|Section 8100.

8100.  Notice under this part shall be in writing. Writing includes printing and typewriting.(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
CA Civ Code § 8102 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 6 - WORKS OF IMPROVEMENT|TITLE 1 - WORKS OF IMPROVEMENT GENERALLY|CHAPTER 2 - Notice|Section 8102.

8102.  (a) Notice under this part shall, in addition to any other information required by statute for that type of notice, include all of the following information to the extent known to the person giving the notice:(1) The name and address of the owner or reputed owner.(2) The name and address of the direct contractor.(3) The name and address of the construction lender, if any.(4) A description of the site sufficient for identification, including the street address of the site, if any. If a sufficient legal description of the site is given, the effectiveness of the notice is not affected by the fact that the street address is erroneous or is omitted.(5) The name, address, and relationship to the parties of the person giving the notice.(6) If the person giving the notice is a claimant:(A) A general statement of the work provided.(B) The name of the person to or for whom the work is provided.(C) A statement or estimate of the claimant’s demand, if any, after deducting all just credits and offsets.(b) Notice is not invalid by reason of any variance from the requirements of this section if the notice is sufficient to substantially inform the person given notice of the information required by this section and other information required in the notice.(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
CA Civ Code § 8104 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 6 - WORKS OF IMPROVEMENT|TITLE 1 - WORKS OF IMPROVEMENT GENERALLY|CHAPTER 2 - Notice|Section 8104.

8104.  (a) A direct contractor or subcontractor on a work of improvement governed by this part that employs a laborer and fails to pay the full compensation due the laborer, including any employer payments described in Section 1773.1 of the Labor Code and implementing regulations, shall not later than the date the compensation became delinquent, give the laborer, the laborer’s bargaining representative, if any, the construction lender or reputed construction lender, if any, and the owner or reputed owner, notice that includes all of the following information, in addition to the information required by Section 8102:(1) The name and address of the laborer, and of any person or entity described in subdivision (b) of Section 8024 to which employer payments are due.(2) The total number of straight time and overtime hours worked by the laborer on each job.(3) The amount then past due and owing.(b) Failure to give the notice required by subdivision (a) constitutes grounds for disciplinary action under the Contractors’ State License Law, Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code.(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
CA Civ Code § 8106 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 6 - WORKS OF IMPROVEMENT|TITLE 1 - WORKS OF IMPROVEMENT GENERALLY|CHAPTER 2 - Notice|Section 8106.

8106.  Except as otherwise provided by statute, notice under this part shall be given by any of the following means:(a) Personal delivery.(b) Mail in the manner provided in Section 8110.(c) Leaving the notice and mailing a copy in the manner provided in Section 415.20 of the Code of Civil Procedure for service of summons and complaint in a civil action.(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
CA Civ Code § 8108 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 6 - WORKS OF IMPROVEMENT|TITLE 1 - WORKS OF IMPROVEMENT GENERALLY|CHAPTER 2 - Notice|Section 8108.

8108.  Except as otherwise provided by this part, notice under this part shall be given to the person to be notified at the person’s residence, the person’s place of business, or at any of the following addresses:(a) If the person to be notified is an owner other than a public entity, the owner’s address shown on the direct contract, the building permit, or a construction trust deed.(b) If the person to be notified is a public entity, the office of the public entity or another address specified by the public entity in the contract or elsewhere for service of notices, papers, and other documents.(c) If the person to be notified is a construction lender, the construction lender’s address shown on the construction loan agreement or construction trust deed.(d) If the person to be notified is a direct contractor or a subcontractor, the contractor’s address shown on the building permit, on the contractor’s contract, or on the records of the Contractors’ State License Board.(e) If the person to be notified is a claimant, the claimant’s address shown on the claimant’s contract, preliminary notice, claim of lien, stop payment notice, or claim against a payment bond, or on the records of the Contractors’ State License Board.(f) If the person to be notified is a surety on a bond, the surety’s address shown on the bond for service of notices, papers, and other documents, or on the records of the Department of Insurance.(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
CA Civ Code § 8110 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 6 - WORKS OF IMPROVEMENT|TITLE 1 - WORKS OF IMPROVEMENT GENERALLY|CHAPTER 2 - Notice|Section 8110.

8110.  Except as otherwise provided by this part, notice by mail under this part shall be given by registered or certified mail, express mail, or overnight delivery by an express service carrier.(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
CA Civ Code § 8114 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 6 - WORKS OF IMPROVEMENT|TITLE 1 - WORKS OF IMPROVEMENT GENERALLY|CHAPTER 2 - Notice|Section 8114.

8114.  A notice required by this part to be posted shall be displayed in a conspicuous location at the site.(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
CA Civ Code § 8116 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 6 - WORKS OF IMPROVEMENT|TITLE 1 - WORKS OF IMPROVEMENT GENERALLY|CHAPTER 2 - Notice|Section 8116.

8116.  Notice under this part is complete and deemed to have been given at the following times:(a) If given by personal delivery, when delivered.(b) If given by mail, when deposited in the mail or with an express service carrier in the manner provided in Section 1013 of the Code of Civil Procedure.(c) If given by leaving the notice and mailing a copy in the manner provided in Section 415.20 of the Code of Civil Procedure for service of summons in a civil action, five days after mailing.(d) If given by posting, when displayed.(e) If given by recording, when recorded in the office of the county recorder.(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
CA Civ Code § 8118 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 6 - WORKS OF IMPROVEMENT|TITLE 1 - WORKS OF IMPROVEMENT GENERALLY|CHAPTER 2 - Notice|Section 8118.

8118.  (a) Proof that notice was given to a person in the manner required by this part shall be made by a proof of notice declaration that states all of the following:(1) The type or description of the notice given.(2) The date, place, and manner of notice, and facts showing that notice was given in the manner required by statute.(3) The name and address of the person to which notice was given, and, if appropriate, the title or capacity in which the person was given notice.(b) If the notice is given by mail, the declaration shall be accompanied by one of the following:(1) Documentation provided by the United States Postal Service showing that payment was made to mail the notice using registered or certified mail, or express mail.(2) Documentation provided by an express service carrier showing that payment was made to send the notice using an overnight delivery service.(3) A return receipt, delivery confirmation, signature confirmation, tracking record, or other proof of delivery or attempted delivery provided by the United States Postal Service, or a photocopy of the record of delivery and receipt maintained by the United States Postal Service, showing the date of delivery and to whom delivered, or in the event of nondelivery, by the returned envelope itself.(4) A tracking record or other documentation provided by an express service carrier showing delivery or attempted delivery of the notice.(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
CA Civ Code § 8119 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 6 - WORKS OF IMPROVEMENT|TITLE 1 - WORKS OF IMPROVEMENT GENERALLY|CHAPTER 2 - Notice|Section 8119.

8119.  (a) With respect to a work of improvement on a common area within a common interest development: (1) The association is deemed to be an agent of the owners of separate interests in the common interest development for all notices and claims required by this part. (2) If any provision of this part requires the delivery or service of a notice or claim to or on the owner of common area property, the notice or claim may be delivered to or served on the association.(b) For the purposes of this section, the terms “association,” “common area,” “common interest development,” and “separate interest” have the meanings provided in Article 2 (commencing with Section 4075) of Chapter 1 of Part 5 and Article 2 (commencing with Section 6526) of Chapter 1 of Part 5.3.(Added by Stats. 2017, Ch. 44, Sec. 5. (AB 534) Effective January 1, 2018.)
CA Civ Code § 8120 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 6 - WORKS OF IMPROVEMENT|TITLE 1 - WORKS OF IMPROVEMENT GENERALLY|CHAPTER 3 - Waiver and Release|Section 8120.

8120.  The provisions of this chapter apply to a work of improvement governed by this part.(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
CA Civ Code § 8122 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 6 - WORKS OF IMPROVEMENT|TITLE 1 - WORKS OF IMPROVEMENT GENERALLY|CHAPTER 3 - Waiver and Release|Section 8122.

8122.  An owner, direct contractor, or subcontractor may not, by contract or otherwise, waive, affect, or impair any other claimant’s rights under this part, whether with or without notice, and any term of a contract that purports to do so is void and unenforceable unless and until the claimant executes and delivers a waiver and release under this article.(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
CA Civ Code § 8124 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 6 - WORKS OF IMPROVEMENT|TITLE 1 - WORKS OF IMPROVEMENT GENERALLY|CHAPTER 3 - Waiver and Release|Section 8124.

8124.  A claimant’s waiver and release does not release the owner, construction lender, or surety on a payment bond from a lien or claim unless both of the following conditions are satisfied:(a) The waiver and release is in substantially the form provided in this article and is signed by the claimant.(b) If the release is a conditional release, there is evidence of payment to the claimant. Evidence of payment may be either of the following:(1) The claimant’s endorsement on a single or joint payee check that has been paid by the financial institution on which it was drawn.(2) Written acknowledgment of payment by the claimant.(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
CA Civ Code § 8126 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 6 - WORKS OF IMPROVEMENT|TITLE 1 - WORKS OF IMPROVEMENT GENERALLY|CHAPTER 3 - Waiver and Release|Section 8126.

8126.  An oral or written statement purporting to waive, release, impair or otherwise adversely affect a lien or claim is void and unenforceable and does not create an estoppel or impairment of the lien or claim unless either of the following conditions is satisfied:(a) The statement is pursuant to a waiver and release under this article.(b) The claimant has actually received payment in full for the claim.(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
CA Civ Code § 8128 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 6 - WORKS OF IMPROVEMENT|TITLE 1 - WORKS OF IMPROVEMENT GENERALLY|CHAPTER 3 - Waiver and Release|Section 8128.

8128.  (a) A claimant may reduce the amount of, or release in its entirety, a stop payment notice. The reduction or release shall be in writing and may be given in a form other than a waiver and release form provided in this article.(b) The writing shall identify whether it is a reduction of the amount of the stop payment notice, or a release of the notice in its entirety. If the writing is a reduction, it shall state the amount of the reduction, and the amount to remain withheld after the reduction.(c) A claimant’s reduction or release of a stop payment notice has the following effect:(1) The reduction or release releases the claimant’s right to enforce payment of the claim stated in the notice to the extent of the reduction or release.(2) The reduction or release releases the person given the notice from the obligation to withhold funds pursuant to the notice to the extent of the reduction or release.(3) The reduction or release does not preclude the claimant from giving a subsequent stop payment notice that is timely and proper.(4) The reduction or release does not release any right of the claimant other than the right to enforce payment of the claim stated in the stop payment notice to the extent of the reduction or release.(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
CA Civ Code § 8130 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 6 - WORKS OF IMPROVEMENT|TITLE 1 - WORKS OF IMPROVEMENT GENERALLY|CHAPTER 3 - Waiver and Release|Section 8130.

8130.  This article does not affect the enforceability of either an accord and satisfaction concerning a good faith dispute or an agreement made in settlement of an action pending in court if the accord and satisfaction or agreement and settlement make specific reference to the lien or claim.(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
CA Civ Code § 8132 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 6 - WORKS OF IMPROVEMENT|TITLE 1 - WORKS OF IMPROVEMENT GENERALLY|CHAPTER 3 - Waiver and Release|Section 8132.

8132.  If a claimant is required to execute a waiver and release in exchange for, or in order to induce payment of, a progress payment and the claimant is not, in fact, paid in exchange for the waiver and release or a single payee check or joint payee check is given in exchange for the waiver and release, the waiver and release shall be null, void, and unenforceable unless it is in substantially the following form:CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENTNOTICE: THIS DOCUMENT WAIVES THE CLAIMANT’S LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT. A PERSON SHOULD NOT RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAYMENT.Identifying InformationName of Claimant:Name of Customer:Job Location:Owner:Through Date:Conditional Waiver and ReleaseThis document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. This document is effective only on the claimant’s receipt of payment from the financial institution on which the following check is drawn:Maker of Check:Amount of Check: $Check Payable to:ExceptionsThis document does not affect any of the following:(1) Retentions.(2) Extras for which the claimant has not received payment.(3) The following progress payments for which the claimant has previously given a conditional waiver and release but has not received payment:Date(s) of waiver and release:Amount(s) of unpaid progress payment(s): $(4) Contract rights, including (A) a right based on rescission, abandonment, or breach of contract, and (B) the right to recover compensation for work not compensated by the payment.SignatureClaimant’s Signature:Claimant’s Title:Date of Signature:(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
CA Civ Code § 8134 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 6 - WORKS OF IMPROVEMENT|TITLE 1 - WORKS OF IMPROVEMENT GENERALLY|CHAPTER 3 - Waiver and Release|Section 8134.

8134.  If the claimant is required to execute a waiver and release in exchange for, or in order to induce payment of, a progress payment and the claimant asserts in the waiver that the claimant has, in fact, been paid the progress payment, the waiver and release shall be null, void, and unenforceable unless it is in substantially the following form, with the text of the “Notice to Claimant” in at least as large a type as the largest type otherwise in the form:UNCONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENTNOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM.Identifying InformationName of Claimant:Name of Customer:Job Location:Owner:Through Date:Unconditional Waiver and ReleaseThis document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. The claimant has received the following progress payment: $ExceptionsThis document does not affect any of the following:(1) Retentions.(2) Extras for which the claimant has not received payment.(3) Contract rights, including (A) a right based on rescission, abandonment, or breach of contract, and (B) the right to recover compensation for work not compensated by the payment.SignatureClaimant’s Signature:Claimant’s Title:Date of Signature:(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)