reglab/housing_qa huggingface dataset:
CA Civ Code § 8540 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 6 - WORKS OF IMPROVEMENT|TITLE 2 - PRIVATE WORKS OF IMPROVEMENT|CHAPTER 5 - Stop Payment Notice|ARTICLE 4 - Priorities|Section 8540.

8540.  (a) Funds withheld pursuant to a stop payment notice shall be distributed in the following order of priority:(1) First, to pay claims of persons that have given a bonded stop payment notice. If funds are insufficient to pay the claims of those persons in full, the funds shall be distributed pro rata among the claimants in the ratio that the claim of each bears to the aggregate of all claims for which a bonded stop payment notice is given.(2) Second, to pay claims of persons that have given an unbonded stop payment notice. If funds are insufficient to pay the claims of those persons in full, the funds shall be distributed among the claimants in the ratio that the claim of each bears to the aggregate of all claims for which an unbonded stop payment notice is given.(b) Pro rata distribution under this section shall be made among the persons entitled to share in the distribution without regard to the order in which the person has given a stop payment notice or commenced an enforcement 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 § 8542 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 6 - WORKS OF IMPROVEMENT|TITLE 2 - PRIVATE WORKS OF IMPROVEMENT|CHAPTER 5 - Stop Payment Notice|ARTICLE 4 - Priorities|Section 8542.

8542.  Notwithstanding Section 8540:(a) If funds are withheld pursuant to a stop payment notice given to a construction lender by a direct contractor or subcontractor, the direct contractor or subcontractor may recover only the net amount due the direct contractor or subcontractor after deducting any funds that are withheld by the construction lender pursuant to the claims of subcontractors and material suppliers that have given a stop payment notice for work done on behalf of the direct contractor or subcontractor.(b) In no event is the construction lender required to withhold, pursuant to a stop payment notice, more than the net amount provided in subdivision (a). Notwithstanding any other provision of this chapter, a construction lender is not liable for failure to withhold more than that net amount on receipt of a stop payment 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 § 8544 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 6 - WORKS OF IMPROVEMENT|TITLE 2 - PRIVATE WORKS OF IMPROVEMENT|CHAPTER 5 - Stop Payment Notice|ARTICLE 4 - Priorities|Section 8544.

8544.  The rights of a claimant who gives a construction lender a stop payment notice are not affected by an assignment of construction loan funds made by the owner or direct contractor, and the stop payment notice has priority over the assignment, whether the assignment is made before or after the stop payment notice is given.(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 § 8550 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 6 - WORKS OF IMPROVEMENT|TITLE 2 - PRIVATE WORKS OF IMPROVEMENT|CHAPTER 5 - Stop Payment Notice|ARTICLE 5 - Enforcement of Claim Stated in Stop Payment Notice|Section 8550.

8550.  (a) A claimant shall commence an action to enforce payment of the claim stated in a stop payment notice at any time after 10 days from the date the claimant gives the stop payment notice.(b) A claimant shall commence an action to enforce payment of the claim stated in a stop payment notice not later than 90 days after expiration of the time within which a stop payment notice must be given.(c) An action under this section may not be brought to trial or judgment entered before expiration of the time provided in subdivision (b).(d) If a claimant does not commence an action to enforce payment of the claim stated in a stop payment notice within the time prescribed in subdivision (b), the notice ceases to be effective and the person withholding funds pursuant to the notice shall release them.(e) Within five days after commencement of an action to enforce payment of the claim stated in a stop payment notice, the claimant shall give notice of commencement of the action to the persons to whom the stop payment notice was given. The notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1.(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 § 8552 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 6 - WORKS OF IMPROVEMENT|TITLE 2 - PRIVATE WORKS OF IMPROVEMENT|CHAPTER 5 - Stop Payment Notice|ARTICLE 5 - Enforcement of Claim Stated in Stop Payment Notice|Section 8552.

8552.  If more than one claimant has given a stop payment notice:(a) Any number of claimants may join in the same enforcement action.(b) If claimants commence separate actions, the court first acquiring jurisdiction may order the actions consolidated.(c) On motion of the owner or construction lender the court shall require all claimants to be impleaded in one action, to the end that the rights of all parties may be adjudicated in the 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 § 8554 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 6 - WORKS OF IMPROVEMENT|TITLE 2 - PRIVATE WORKS OF IMPROVEMENT|CHAPTER 5 - Stop Payment Notice|ARTICLE 5 - Enforcement of Claim Stated in Stop Payment Notice|Section 8554.

8554.  Notwithstanding Section 583.420 of the Code of Civil Procedure, if an action to enforce payment of the claim stated in a stop payment notice is not brought to trial within two years after commencement of the action, the court may in its discretion dismiss the action for want of prosecution.(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 § 8556 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 6 - WORKS OF IMPROVEMENT|TITLE 2 - PRIVATE WORKS OF IMPROVEMENT|CHAPTER 5 - Stop Payment Notice|ARTICLE 5 - Enforcement of Claim Stated in Stop Payment Notice|Section 8556.

8556.  A stop payment notice ceases to be effective, and a person withholding funds pursuant to the notice shall release them, in either of the following circumstances:(a) An action to enforce payment of the claim stated in the stop payment notice is dismissed, unless expressly stated to be without prejudice.(b) Judgment in an action to enforce payment of the claim stated in the stop payment notice is against 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 § 8558 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 6 - WORKS OF IMPROVEMENT|TITLE 2 - PRIVATE WORKS OF IMPROVEMENT|CHAPTER 5 - Stop Payment Notice|ARTICLE 5 - Enforcement of Claim Stated in Stop Payment Notice|Section 8558.

8558.  (a) In an action to enforce payment of the claim stated in a bonded stop payment notice, the prevailing party is entitled to a reasonable attorney’s fee in addition to costs and damages.(b) The court, on notice and motion by a party, shall determine who is the prevailing party or that there is no prevailing party for the purpose of this section, regardless of whether the action proceeds to final judgment. The prevailing party is the party that recovers greater relief in the action, subject to the following limitations:(1) If the action is voluntarily dismissed or dismissed pursuant to a settlement, there is no prevailing party.(2) If the defendant tenders to the claimant the full amount to which the claimant is entitled, and deposits in court for the claimant the amount so tendered, and alleges those facts in the answer and the allegation is determined to be true, the defendant is deemed to be the prevailing party.(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 § 8560 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 6 - WORKS OF IMPROVEMENT|TITLE 2 - PRIVATE WORKS OF IMPROVEMENT|CHAPTER 5 - Stop Payment Notice|ARTICLE 5 - Enforcement of Claim Stated in Stop Payment Notice|Section 8560.

8560.  If the claimant is the prevailing party in an action to enforce payment of the claim stated in a bonded stop payment notice, any amount awarded on the claim shall include interest at the legal rate calculated from the date the stop payment notice is given.(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 § 8700 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 6 - WORKS OF IMPROVEMENT|TITLE 2 - PRIVATE WORKS OF IMPROVEMENT|CHAPTER 7 - Security for Large Project|ARTICLE 1 - Application of Chapter|Section 8700.

8700.  (a) This chapter applies if any of the following conditions is satisfied:(1) The owner of the fee interest in property contracts for a work of improvement on the property with a contract price greater than five million dollars ($5,000,000).(2) The owner of a less than fee interest in property, including a leasehold interest, contracts for a work of improvement on the property with a contract price greater than one million dollars ($1,000,000).(b) For the purpose of this section:(1) The owner of the fee interest in property is not deemed to be the owner of a less than fee interest by reason of a mortgage, deed of trust, ground lease, or other lien or encumbrance or right of occupancy that encumbers the fee interest.(2) A lessee of real property is deemed to be the owner of a fee interest in the real property if all of the following conditions are satisfied:(A) The initial term of the lease is at least 35 years.(B) The lease covers one or more lawful parcels under the Subdivision Map Act, Division 2 (commencing with Section 66410) of Title 7 of the Government Code, and any applicable local ordinance adopted under that act, in their entirety, including, but not limited to, a parcel approved pursuant to a certificate of compliance proceeding.(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 § 8702 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 6 - WORKS OF IMPROVEMENT|TITLE 2 - PRIVATE WORKS OF IMPROVEMENT|CHAPTER 7 - Security for Large Project|ARTICLE 1 - Application of Chapter|Section 8702.

8702.  This chapter does not apply to any of the following works of improvement:(a) A single-family residence, including a single-family residence located within a subdivision, and any associated fixed work that requires the services of a general engineering contractor as defined in Section 7056 of the Business and Professions Code. As used in this subdivision, “single-family residence” means a real property improvement used or intended to be used as a dwelling unit for one family.(b) A housing development eligible for a density bonus under Section 65915 of the Government 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 § 8704 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 6 - WORKS OF IMPROVEMENT|TITLE 2 - PRIVATE WORKS OF IMPROVEMENT|CHAPTER 7 - Security for Large Project|ARTICLE 1 - Application of Chapter|Section 8704.

8704.  This chapter does not apply to any of the following owners:(a) A qualified publicly traded company or a wholly owned subsidiary of a qualified publicly traded company, if the obligations of the subsidiary pursuant to the contract for the work of improvement are guaranteed by the parent. As used in this subdivision, “qualified publicly traded company” means a company having a class of equity securities listed for trading on the New York Stock Exchange, the American Stock Exchange, or the NASDAQ stock market, and the nonsubordinated debt securities of which are rated as “investment grade” by either Fitch ICBA, Inc., Moody’s Investor Services, Inc., Standard & Poor’s Ratings Services, or a similar statistical rating organization that is nationally recognized for rating the creditworthiness of a publicly traded company. If at any time before final payment of all amounts due pursuant to the contract the nonsubordinated debt securities of the qualified publicly traded company are downgraded to below “investment grade” by any of those rating organizations, the owner is no longer exempt from this chapter.(b) A qualified private company or a wholly owned subsidiary of a qualified private company, if the obligations of the subsidiary pursuant to the contract for the work of improvement are guaranteed by the parent. As used in this subdivision, “qualified private company” means a company that has no equity securities listed for trading on the New York Stock Exchange, the American Stock Exchange, or the NASDAQ stock market, and that has a net worth determined in accordance with generally accepted accounting principles in excess of fifty million dollars ($50,000,000). If at any time before final payment of all amounts due pursuant to the contract the net worth of the qualified private company is reduced below that level, the owner is no longer exempt from this chapter.(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 § 8710 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 6 - WORKS OF IMPROVEMENT|TITLE 2 - PRIVATE WORKS OF IMPROVEMENT|CHAPTER 7 - Security for Large Project|ARTICLE 2 - Security Requirement|Section 8710.

8710.  An owner described in subdivision (a) of Section 8700 shall provide the direct contractor all of the following:(a) Security for the owner’s payment obligation pursuant to the contract. The security shall be used only if the owner defaults on the payment obligation to the direct contractor. This subdivision does not apply to an owner that is the majority owner of the direct contractor.(b) A copy, certified by the county recorder, of any recorded mortgage or deed of trust that secures the construction loan of a lending institution for the work of improvement, disclosing the amount of the loan.(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 § 8712 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 6 - WORKS OF IMPROVEMENT|TITLE 2 - PRIVATE WORKS OF IMPROVEMENT|CHAPTER 7 - Security for Large Project|ARTICLE 2 - Security Requirement|Section 8712.

8712.  If an owner fails to provide or maintain the security required by this chapter, the direct contractor may give the owner notice demanding security. The notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1. If the owner does not provide or maintain the security within 10 days after notice demanding security is given, the direct contractor may suspend work until the owner provides or maintains the security.(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 § 8714 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 6 - WORKS OF IMPROVEMENT|TITLE 2 - PRIVATE WORKS OF IMPROVEMENT|CHAPTER 7 - Security for Large Project|ARTICLE 2 - Security Requirement|Section 8714.

8714.  It is against public policy to waive the provisions of this chapter by contract.(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 § 8716 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 6 - WORKS OF IMPROVEMENT|TITLE 2 - PRIVATE WORKS OF IMPROVEMENT|CHAPTER 7 - Security for Large Project|ARTICLE 2 - Security Requirement|Section 8716.

8716.  This chapter does not affect any statute providing for mechanics liens, stop payment notices, bond remedies, or prompt payment rights of a subcontractor, including the direct contractor’s payment responsibilities under Section 7108.5 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 § 8720 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 6 - WORKS OF IMPROVEMENT|TITLE 2 - PRIVATE WORKS OF IMPROVEMENT|CHAPTER 7 - Security for Large Project|ARTICLE 3 - Form of Security|Section 8720.

8720.  An owner shall provide security by any of the following means:(a) A bond that satisfies Section 8722.(b) An irrevocable letter of credit that satisfies Section 8724.(c) An escrow account that satisfies Section 8726.(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 § 8722 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 6 - WORKS OF IMPROVEMENT|TITLE 2 - PRIVATE WORKS OF IMPROVEMENT|CHAPTER 7 - Security for Large Project|ARTICLE 3 - Form of Security|Section 8722.

8722.  A bond under this chapter shall satisfy all of the following requirements:(a) The bond shall be executed by an admitted surety insurer that is either listed in the Department of the Treasury’s Listing of Approved Sureties (Department Circular 570) or that has an A.M. Best rating of A or better and has an underwriting limitation, under Section 12090 of the Insurance Code, greater than the amount of the bond.(b) The bond shall be in an amount not less than 15 percent of the contract price for the work of improvement or, if the work of improvement is to be substantially completed within six months after the commencement of work, not less than 25 percent of the contract price.(c) The bond shall be conditioned for payment on default by the owner of any undisputed amount pursuant to the contract that is due and payable for more than 30 days.(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 § 8724 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 6 - WORKS OF IMPROVEMENT|TITLE 2 - PRIVATE WORKS OF IMPROVEMENT|CHAPTER 7 - Security for Large Project|ARTICLE 3 - Form of Security|Section 8724.

8724.  An irrevocable letter of credit under this chapter shall satisfy all of the following requirements:(a) The letter of credit shall be issued by a financial institution, as defined in Section 5107 of the Financial Code, inuring to the benefit of the direct contractor.(b) The letter of credit shall be in an amount not less than 15 percent of the contract price for the work of improvement or, if the work of improvement is to be substantially completed within six months after the commencement of work, not less than 25 percent of the contract price.(c) The maturity date and other terms of the letter of credit shall be determined by agreement between the owner, the direct contractor, and the financial institution, except that the owner shall maintain the letter of credit in effect until the owner has satisfied its payment obligation to the direct contractor.(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 § 8726 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 6 - WORKS OF IMPROVEMENT|TITLE 2 - PRIVATE WORKS OF IMPROVEMENT|CHAPTER 7 - Security for Large Project|ARTICLE 3 - Form of Security|Section 8726.

8726.  An escrow account under this chapter shall satisfy all of the following requirements:(a) The account shall be designated as a “construction security escrow account.”(b) The account shall be located in this state and maintained with an escrow agent licensed under the Escrow Law, Division 6 (commencing with Section 17000) of the Financial Code, or with any person exempt from the Escrow Law under paragraph (1) or (3) of subdivision (a) of Section 17006 of the Financial Code.(c) The owner shall deposit funds in the account in the amount provided in Section 8728. This chapter does not require a construction lender to agree to deposit proceeds of a construction loan in the account.(d) The owner shall grant the direct contractor a perfected, first priority security interest in the account and in all funds deposited by the owner in the account and in their proceeds, established to the reasonable satisfaction of the direct contractor, which may be by a written opinion of legal counsel for the owner.(e) The funds on deposit in the account shall be the sole property of the owner, subject to the security interest of the direct contractor. The owner and the direct contractor shall instruct the escrow holder to hold the funds on deposit in the account for the purpose of perfecting the direct contractor’s security interest in the account and to disburse those funds only on joint authorization of the owner and the direct contractor, or pursuant to a court order that is binding on both of them.(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.)