reglab/statecodes huggingface dataset:
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 2 - Preliminary Notice › Section 8202.

8202. (a) The preliminary notice shall comply with the requirements of Section 8102, and shall also include:
(1) A general description of the work to be provided.
(2) An estimate of the total price of the work provided and to be provided.
(3) The following statement in boldface type:
NOTICE TO PROPERTY OWNER
EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL, if the person or firm that has given you this notice is not paid in full for labor, service, equipment, or material provided or to be provided to your construction project, a lien may be placed on your property. Foreclosure of the lien may lead to loss of all or part of your property. You may wish to protect yourself against this by (1) requiring your contractor to provide a signed release by the person or firm that has given you this notice before making payment to your contractor, or (2) any other method that is appropriate under the circumstances.
This notice is required by law to be served by the undersigned as a statement of your legal rights. This notice is not intended to reflect upon the financial condition of the contractor or the person employed by you on the construction project.
If you record a notice of cessation or completion of your construction project, you must within 10 days after recording, send a copy of the notice of completion to your contractor and the person or firm that has given you this notice. The notice must be sent by registered or certified mail. Failure to send the notice will extend the deadline to record a claim of lien. You are not required to send the notice if you are a residential homeowner of a dwelling containing four or fewer units.
(b) If preliminary notice is given by a subcontractor that has not paid all compensation due to a laborer, the notice shall include the name and address of the laborer and any person or entity described in subdivision (b) of Section 8024 to which payments are due.
(c) If an invoice for material or certified payroll contains the information required by this section and Section 8102, a copy of the invoice or payroll, given in compliance with the requirements of Chapter 2 (commencing with Section 8100) of Title 1, is sufficient.
(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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 2 - Preliminary Notice › Section 8204.

8204. (a) A preliminary notice shall be given not later than 20 days after the claimant has first furnished work on the work of improvement. If work has been provided by a claimant who did not give a preliminary notice, that claimant shall not be precluded from giving a preliminary notice at any time thereafter. The claimant shall, however, be entitled to record a lien, give a stop payment notice, and assert a claim against a payment bond only for work performed within 20 days prior to the service of the preliminary notice, and at any time thereafter.
(b) A design professional who has furnished services for the design of the work of improvement and who gives a preliminary notice not later than 20 days after the work of improvement has commenced shall be deemed to have complied with Section 8200 with respect to the design services furnished, or to be furnished.
(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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 2 - Preliminary Notice › Section 8206.

8206. (a) Except as provided in subdivision (b), a claimant need give only one preliminary notice to each person to which notice must be given under this chapter with respect to all work provided by the claimant for a work of improvement.
(b) If a claimant provides work pursuant to contracts with more than one subcontractor, the claimant shall give a separate preliminary notice with respect to work provided pursuant to each contract.
(c) A preliminary notice that contains a general description of work provided by the claimant through the date of the notice also covers work provided by the claimant after the date of the notice whether or not they are within the scope of the general description contained 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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 2 - Preliminary Notice › Section 8208.

8208. A direct contractor shall make available to any person seeking to give preliminary notice the following information:
(a) The name and address of the owner.
(b) The name and address of the construction lender, if any.
(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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 2 - Preliminary Notice › Section 8210.

8210. If one or more construction loans are obtained after commencement of a work of improvement, the owner shall give notice of the name and address of the construction lender or lenders to each person that has given the owner preliminary 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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 2 - Preliminary Notice › Section 8212.

8212. An agreement made or entered into by an owner whereby the owner agrees to waive the rights conferred on the owner by this chapter is void and unenforceable.
(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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 2 - Preliminary Notice › Section 8214.

8214. (a) Each person who has served a preliminary notice may file the preliminary notice with the county recorder. A preliminary notice filed pursuant to this section shall comply with the requirements of Section 8102.
(b) Upon the acceptance for recording of a notice of completion or notice of cessation the county recorder shall mail to those persons who have filed a preliminary notice, notification that a notice of completion or notice of cessation has been recorded on the property, and shall affix the date that the notice of completion or notice of cessation was recorded with the county recorder. The notification given by the county recorder under this section is not governed by the requirements of Chapter 2 (commencing with Section 8100) of Title 1.
(c) The failure of the county recorder to mail the notification to the person who filed a preliminary notice, or the failure of those persons to receive the notification or to receive complete notification, shall not affect the period within which a claim of lien is required to be recorded. However, the county recorder shall make a good faith effort to mail notification to those persons who have filed the preliminary notice under this section and to do so within five days after the recording of a notice of completion or notice of cessation.
(d) The county recorder may cause to be destroyed all documents filed pursuant to this section, two years after the date of filing.
(e) The preliminary notice that a person may file pursuant to this section is for the limited purpose of facilitating the mailing of notice by the county recorder of recorded notices of completion and notices of cessation. The notice that is filed is not a recordable document and shall not be entered into those official records of the county which by law impart constructive notice. Notwithstanding any other provision of law, the index maintained by the recorder of filed preliminary notices shall be separate and distinct from those indexes maintained by the county recorder of those official records of the county which by law impart constructive notice. The filing of a preliminary notice with the county recorder does not give rise to any actual or constructive notice with respect to any party of the existence or contents of a filed preliminary notice nor to any duty of inquiry on the part of any party as to the existence or contents of that 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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 2 - Preliminary Notice › Section 8216.

8216. If the contract of any subcontractor on a particular work of improvement provides for payment to the subcontractor of more than four hundred dollars ($400), the failure of that subcontractor, licensed under the Contractors’ State License Law (Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code), to give the notice provided for in this chapter, constitutes grounds for disciplinary action under the Contractors’ State License Law.
(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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 3 - Design Professionals Lien › Section 8300.

8300. For purposes of this chapter, a “design professional” is a person described in Section 8014 who provides services pursuant to a written contract with a landowner for the design, engineering, or planning of a work of improvement.
(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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 3 - Design Professionals Lien › Section 8302.

8302. (a) A design professional has, from the date of recordation of a claim of lien under this chapter, a lien on the site notwithstanding the absence of commencement of the planned work of improvement, if the landowner who contracted for the design professional’s services is also the owner of the site at the time of recordation of the claim of lien.
(b) The lien of the design professional is for the amount of the design professional’s fee for services provided under the contract or the reasonable value of those services, whichever is less. The amount of the lien is reduced by the amount of any deposit or prior payment under the contract.
(c) A design professional may not record a claim of lien, and a lien may not be created, under this chapter unless a building permit or other governmental approval in furtherance of the work of improvement has been obtained in connection with or utilizing the services provided by the design professional.
(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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 3 - Design Professionals Lien › Section 8304.

8304. A design professional is not entitled to a lien under this chapter unless all of the following conditions are satisfied:
(a) The work of improvement for which the design professional provided services has not commenced.
(b) The landowner defaults in a payment required under the contract or refuses to pay the demand of the design professional made under the contract.
(c) Not less than 10 days before recording a claim of lien, the design professional gives the landowner notice making a demand for payment, and stating that a default has occurred under the contract and the amount of the default.
(d) The design professional records a claim of lien. The claim of lien shall include all of the following information:
(1) The name of the design professional.
(2) The amount of the claim.
(3) The current owner of record of the site.
(4) A legal description of the site.
(5) Identification of the building permit or other governmental approval for the work of improvement.
(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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 3 - Design Professionals Lien › Section 8306.

8306. (a) On recordation of the claim of lien, a lien is created in favor of the named design professional.
(b) The lien automatically expires and is null and void and of no further force or effect on the occurrence of either of the following events:
(1) The commencement of the work of improvement for which the design professional provided services.
(2) The expiration of 90 days after recording the claim of lien, unless the design professional commences an action to enforce the lien within that time.
(c) If the landowner partially or fully satisfies the lien, the design professional shall execute and record a document that evidences a partial or full satisfaction and release of the lien, as applicable.
(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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 3 - Design Professionals Lien › Section 8308.

8308. (a) Except as provided in subdivision (b), no provision of this part applies to a lien created under this chapter.
(b) The following provisions of this part apply to a lien created under this chapter:
(1) This chapter.
(2) Article 1 (commencing with Section 8000) of Chapter 1 of Title 1.
(3) Section 8424.
(4) Article 6 (commencing with Section 8460) of Chapter 4.
(5) Article 7 (commencing with Section 8480) of Chapter 4.
(6) Article 8 (commencing with Section 8490) of Chapter 4.
(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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 3 - Design Professionals Lien › Section 8310.

8310. This chapter does not affect the ability of a design professional to obtain a lien for a work of improvement under Section 8400.
(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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 3 - Design Professionals Lien › Section 8312.

8312. A design professional shall record a claim of lien under this chapter no later than 90 days after the design professional knows or has reason to know that the work of improvement will not be commenced.
(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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 3 - Design Professionals Lien › Section 8314.

8314. The creation of a lien under this chapter does not affect the ability of the design professional to pursue other remedies.
(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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 3 - Design Professionals Lien › Section 8316.

8316. (a) No lien created under this chapter affects or takes priority over the interest of record of a purchaser, lessee, or encumbrancer, if the interest of the purchaser, lessee, or encumbrancer in the real property was duly recorded before recordation of the claim of lien.
(b) No lien created under this chapter affects or takes priority over an encumbrance of a construction lender that funds the loan for the work of improvement for which the design professional provided services.
(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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 3 - Design Professionals Lien › Section 8318.

8318. A design professional may not obtain a lien under this chapter for services provided for a work of improvement relating to a single-family, owner-occupied residence for which the expected construction cost is less than one hundred thousand dollars ($100,000).
(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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 3 - Design Professionals Lien › Section 8319.

8319. (a) A design professional may convert a recorded design professional lien to a mechanics lien if all of the following requirements are met:
(1) The design professional lien expires pursuant to paragraph (1) of subdivision (b) of Section 8306.
(2) The design professional lien remains fully or partially unpaid.
(3) Within 30 days of the expiration of the design professional lien pursuant to paragraph (1) of subdivision (b) of Section 8306, the design professional records a mechanics lien for the amount of the unpaid design professional lien.
(4) The recorded mechanics lien states that it is a converted design professional lien but shall be recorded and enforced as a mechanics lien, except the design professional need not provide a preliminary notice to enforce this mechanics lien. This mechanics lien shall be effective as of the date of recordation of this mechanics lien and shall be given priority pursuant to the provisions of Section 8450.
(b) This section shall not apply if a design professional lien expires pursuant to paragraph (2) of subdivision (b) of Section 8306.
(Added by Stats. 2011, Ch. 127, Sec. 1. (SB 424) Effective January 1, 2012. Operative July 1, 2012, by Sec. 2 of Ch. 127.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 4 - Mechanics Lien › ARTICLE 1 - Who is Entitled to Lien › Section 8400.

8400. A person that provides work authorized for a work of improvement, including, but not limited to, the following persons, has a lien right under this chapter:
(a) Direct contractor.
(b) Subcontractor.
(c) Material supplier.
(d) Equipment lessor.
(e) Laborer.
(f) Design professional.
(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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 4 - Mechanics Lien › ARTICLE 1 - Who is Entitled to Lien › Section 8402.

8402. A person that provides work authorized for a site improvement has a lien right under 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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 4 - Mechanics Lien › ARTICLE 1 - Who is Entitled to Lien › Section 8404.

8404. Work is authorized for a work of improvement or for a site improvement in any of the following circumstances:
(a) It is provided at the request of or agreed to by the owner.
(b) It is provided or authorized by a direct contractor, subcontractor, architect, project manager, or other person having charge of all or part of the work of improvement or site improvement.
(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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 4 - Mechanics Lien › ARTICLE 2 - Conditions to Enforcing a Lien › Section 8410.

8410. A claimant may enforce a lien only if the claimant has given preliminary notice to the extent required by Chapter 2 (commencing with Section 8200) and made proof of 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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 4 - Mechanics Lien › ARTICLE 2 - Conditions to Enforcing a Lien › Section 8412.

8412. A direct contractor may not enforce a lien unless the contractor records a claim of lien after the contractor completes the direct contract, and before the earlier of the following times:
(a) Ninety days after completion of the work of improvement.
(b) Sixty days after the owner records a notice of completion or cessation.
(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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 4 - Mechanics Lien › ARTICLE 2 - Conditions to Enforcing a Lien › Section 8414.

8414. A claimant other than a direct contractor may not enforce a lien unless the claimant records a claim of lien within the following times:
(a) After the claimant ceases to provide work.
(b) Before the earlier of the following times:
(1) Ninety days after completion of the work of improvement.
(2) Thirty days after the owner records a notice of completion or cessation.
(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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 4 - Mechanics Lien › ARTICLE 2 - Conditions to Enforcing a Lien › Section 8422.

8422. (a) Except as provided in subdivisions (b) and (c), erroneous information contained in a claim of lien relating to the claimant’s demand, credits and offsets deducted, the work provided, or the description of the site, does not invalidate the claim of lien.
(b) Erroneous information contained in a claim of lien relating to the claimant’s demand, credits and offsets deducted, or the work provided, invalidates the claim of lien if the court determines either of the following:
(1) The claim of lien was made with intent to defraud.
(2) An innocent third party, without notice, actual or constructive, became the bona fide owner of the property after recordation of the claim of lien, and the claim of lien was so deficient that it did not put the party on further inquiry in any manner.
(c) Any person who shall willfully include in a claim of lien labor, services, equipment, or materials not furnished for the property described in the claim, shall thereby forfeit the person’s lien.
(Amended (as to be added by Stats. 2010, Ch. 697) by Stats. 2011, Ch. 44, Sec. 5. (SB 190) Effective January 1, 2012. Addition and amendment operative July 1, 2012, by Stats. 2010, Ch. 697, Sec. 105, and Stats. 2011, Ch. 44, Sec. 7.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 4 - Mechanics Lien › ARTICLE 2 - Conditions to Enforcing a Lien › Section 8424.

8424. (a) An owner of real property or an owner of any interest in real property subject to a recorded claim of lien, or a direct contractor or subcontractor affected by the claim of lien, that disputes the correctness or validity of the claim may obtain release of the real property from the claim of lien by recording a lien release bond. The principal on the bond may be the owner of the property, the direct contractor, or the subcontractor.
(b) The bond shall be conditioned on payment of any judgment and costs the claimant recovers on the lien. The bond shall be in an amount equal to 125 percent of the amount of the claim of lien or 125 percent of the amount allocated in the claim of lien to the real property to be released. The bond shall be executed by an admitted surety insurer.
(c) The bond may be recorded either before or after commencement of an action to enforce the lien. On recordation of the bond, the real property is released from the claim of lien and from any action to enforce the lien.
(d) A person that obtains and records a lien release bond shall give notice to the claimant. The notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1 and shall include a copy of the bond. Failure to give the notice required by this section does not affect the validity of the bond, but the statute of limitations for an action on the bond is tolled until notice is given. The claimant shall commence an action on the bond within six months after 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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 4 - Mechanics Lien › ARTICLE 3 - Amount of Lien › Section 8430.

8430. (a) The lien is a direct lien for the lesser of the following amounts:
(1) The reasonable value of the work provided by the claimant.
(2) The price agreed to by the claimant and the person that contracted for the work.
(b) The lien is not limited in amount by the contract price for the work of improvement except as provided in Section 8600.
(c) This section does not preclude the claimant from including in a claim of lien work performed based on a written modification of the contract, or as a result of rescission, abandonment, or breach of the contract. If there is a rescission, abandonment, or breach of the contract, the amount of the lien may not exceed the reasonable value of the work provided 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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 4 - Mechanics Lien › ARTICLE 3 - Amount of Lien › Section 8432.

8432. (a) A lien does not extend to work, whether or not the work is authorized by a direct contractor or subcontractor, if the work is not included in a direct contract or a modification of that contract, and the claimant had actual knowledge or constructive notice of the provisions of that contract or modification before providing the work.
(b) The filing of a contract or modification of that contract with the county recorder, before the commencement of a work of improvement, is constructive notice of the provisions of the contract or modification to a person providing work on that work of improvement.
(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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 4 - Mechanics Lien › ARTICLE 3 - Amount of Lien › Section 8434.

8434. A direct contractor or a subcontractor may enforce a lien only for the amount due pursuant to that contractor’s contract after deducting all lien claims of other claimants for work provided and embraced within that 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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 4 - Mechanics Lien › ARTICLE 4 - Property Subject to Lien › Section 8440.

8440. Subject to Section 8442, a lien attaches to the work of improvement and to the real property on which the work of improvement is situated, including as much space about the work of improvement as is required for the convenient use and occupation of the work of improvement.
(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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 4 - Mechanics Lien › ARTICLE 4 - Property Subject to Lien › Section 8442.

8442. The following interests in real property to which a lien attaches are subject to the lien:
(a) The interest of a person that contracted for the work of improvement.
(b) The interest of a person that did not contract for the work of improvement, if work for which the lien is claimed was provided with the knowledge of that person, unless that person gives notice of nonresponsibility under Section 8444.
(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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 4 - Mechanics Lien › ARTICLE 4 - Property Subject to Lien › Section 8444.

8444. (a) An owner of real property or a person claiming an interest in real property on which a work of improvement is situated that did not contract for the work of improvement may give notice of nonresponsibility.
(b) A notice of nonresponsibility shall be signed and verified by the owner.
(c) The notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1.
(d) The notice shall also include all of the following information:
(1) The nature of the owner’s title or interest.
(2) The name of a purchaser under contract, if any, or lessee, if known.
(3) A statement that the person giving the notice is not responsible for claims arising from the work of improvement.
(e) A notice of nonresponsibility is not effective unless, within 10 days after the person giving notice has knowledge of the work of improvement, the person both posts and records 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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 4 - Mechanics Lien › ARTICLE 4 - Property Subject to Lien › Section 8446.

8446. A claimant may record one claim of lien on two or more works of improvement, subject to the following conditions:
(a) The works of improvement have or are reputed to have the same owner, or the work was contracted for by the same person for the works of improvement whether or not they have the same owner.
(b) The claimant in the claim of lien designates the amount due for each work of improvement. If the claimant contracted for a lump sum payment for work provided for the works of improvement and the contract does not segregate the amount due for each work of improvement separately, the claimant may estimate an equitable distribution of the amount due for each work of improvement based on the proportionate amount of work provided for each. If the claimant does not designate the amount due for each work of improvement, the lien is subordinate to other liens.
(c) If there is a single structure on real property of different owners, the claimant need not segregate the proportion of work provided for the portion of the structure situated on real property of each owner. In the lien enforcement action the court may, if it determines it equitable to do so, designate an equitable distribution of the lien among the real property of the owners.
(d) The lien does not extend beyond the amount designated as against other creditors having liens, by judgment, mortgage, or otherwise, on either the works of improvement or the real property on which the works of improvement are situated.
(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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 4 - Mechanics Lien › ARTICLE 4 - Property Subject to Lien › Section 8448.

8448. (a) As used in this section, “separate residential unit” means one residential structure, including a residential structure containing multiple condominium units, together with any common area, garage, or other appurtenant improvements.
(b) If a work of improvement consists of the construction of two or more separate residential units:
(1) Each unit is deemed a separate work of improvement, and completion of each unit is determined separately for purposes of the time for recording a claim of lien on that unit. This paragraph does not affect any lien right under Section 8402 or 8446.
(2) Material provided for the work of improvement is deemed to be provided for use or consumption in each separate residential unit in which the material is actually used or consumed; but if the claimant is unable to segregate the amounts used or consumed in separate residential units, the claimant has the right to all the benefits of Section 8446.
(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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 4 - Mechanics Lien › ARTICLE 5 - Priorities › Section 8450.

8450. (a) A lien under this chapter, other than a lien provided for in Section 8402, has priority over a lien, mortgage, deed of trust, or other encumbrance on the work of improvement or the real property on which the work of improvement is situated, that (1) attaches after commencement of the work of improvement or (2) was unrecorded at the commencement of the work of improvement and of which the claimant had no notice.
(b) Subdivision (a) is subject to the exception provided for in Section 8452.
(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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 4 - Mechanics Lien › ARTICLE 5 - Priorities › Section 8452.

8452. A mortgage or deed of trust, otherwise subordinate to a lien under Section 8450, has priority over a lien for work provided after recordation of a payment bond that satisfies all of the following requirements:
(a) The bond refers to the mortgage or deed of trust.
(b) The bond is in an amount not less than 75 percent of the principal amount of the mortgage or deed of trust.
(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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 4 - Mechanics Lien › ARTICLE 5 - Priorities › Section 8454.

8454. If a site improvement is provided for in a direct contract separate from the direct contract for the remainder of the work of improvement, the site improvement is deemed a separate work of improvement and commencement of the site improvement is not commencement of the remainder of the work of improvement.
(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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 4 - Mechanics Lien › ARTICLE 5 - Priorities › Section 8456.

8456. (a) This section applies to a construction loan secured by a mortgage or deed of trust that has priority over a lien under this chapter.
(b) An optional advance of funds by the construction lender that is used for construction costs has the same priority as a mandatory advance of funds by the construction lender, provided that the total of all advances does not exceed the amount of the original construction 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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 4 - Mechanics Lien › ARTICLE 5 - Priorities › Section 8458.

8458. (a) Except as provided in subdivision (b), a lien provided for in Section 8402 has priority over:
(1) A mortgage, deed of trust, or other encumbrance that attaches after commencement of the site improvement.
(2) A mortgage, deed of trust, or other encumbrance that was unrecorded at the commencement of the site improvement and of which the claimant had no notice.
(3) A mortgage, deed of trust, or other encumbrance that was recorded before commencement of the site improvement, if given for the sole or primary purpose of financing the site improvement. This subdivision does not apply if the loan proceeds are, in good faith, placed in the control of the lender pursuant to a binding agreement with the borrower to the effect that (A) the proceeds are to be applied to the payment of claimants and (B) no portion of the proceeds will be paid to the borrower in the absence of satisfactory evidence that all claims have been paid or that the time for recording a claim of lien has expired and no claim of lien has been recorded.
(b) A mortgage or deed of trust, otherwise subordinate under subdivision (a), has priority over a lien provided for in Section 8402 if a payment bond in an amount not less than 50 percent of the principal amount of the mortgage or deed of trust is recorded before completion of the work of improvement.
(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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 4 - Mechanics Lien › ARTICLE 6 - Enforcement of Lien › Section 8460.

8460. (a) The claimant shall commence an action to enforce a lien within 90 days after recordation of the claim of lien. If the claimant does not commence an action to enforce the lien within that time, the claim of lien expires and is unenforceable.
(b) Subdivision (a) does not apply if the claimant and owner agree to extend credit, and notice of the fact and terms of the extension of credit is recorded (1) within 90 days after recordation of the claim of lien or (2) more than 90 days after recordation of the claim of lien but before a purchaser or encumbrancer for value and in good faith acquires rights in the property. In that event the claimant shall commence an action to enforce the lien within 90 days after the expiration of the credit, but in no case later than one year after completion of the work of improvement. If the claimant does not commence an action to enforce the lien within that time, the claim of lien expires and is unenforceable.
(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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 4 - Mechanics Lien › ARTICLE 6 - Enforcement of Lien › Section 8461.

8461. After commencement of an action to enforce a lien, the plaintiff shall record in the office of the county recorder of the county, or of the several counties in which the property is situated, a notice of the pendency of the action, as provided in Title 4.5 (commencing with Section 405) of Part 2 of the Code of Civil Procedure, on or before 20 days after the commencement of the action. Only from the time of recording that notice shall a purchaser or encumbrancer of the property affected thereby be deemed to have constructive notice of the pendency of the action, and in that event only of its pendency against parties designated by their real names.
(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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 4 - Mechanics Lien › ARTICLE 6 - Enforcement of Lien › Section 8462.

8462. Notwithstanding Section 583.420 of the Code of Civil Procedure, if an action to enforce a lien 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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 4 - Mechanics Lien › ARTICLE 6 - Enforcement of Lien › Section 8464.

8464. In addition to any other costs allowed by law, the court in an action to enforce a lien shall allow as costs to each claimant whose lien is established the amount paid to verify and record the claim of lien, whether the claimant is a plaintiff or defendant.
(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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 4 - Mechanics Lien › ARTICLE 6 - Enforcement of Lien › Section 8466.

8466. If there is a deficiency of proceeds from the sale of property on a judgment for enforcement of a lien, a deficiency judgment may be entered against a party personally liable for the deficiency in the same manner and with the same effect as in an action to foreclose a mortgage.
(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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 4 - Mechanics Lien › ARTICLE 6 - Enforcement of Lien › Section 8468.

8468. (a) This chapter does not affect any of the following rights of a claimant:
(1) The right to maintain a personal action to recover a debt against the person liable, either in a separate action or in an action to enforce a lien.
(2) The right to a writ of attachment. In an application for a writ of attachment, the claimant shall refer to this section. The claimant’s recording of a claim of lien does not affect the right to a writ of attachment.
(3) The right to enforce a judgment.
(b) A judgment obtained by the claimant in a personal action described in subdivision (a) does not impair or merge the claim of lien, but any amount collected on the judgment shall be credited on the amount of the lien.
(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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 4 - Mechanics Lien › ARTICLE 6 - Enforcement of Lien › Section 8470.

8470. In an action to enforce a lien for work provided to a contractor:
(a) The contractor shall defend the action at the contractor’s own expense. During the pendency of the action the owner may withhold from the direct contractor the amount of the lien claim.
(b) If the judgment in the action is against the owner or the owner’s property, the owner may deduct the amount of the judgment and costs from any amount owed to the direct contractor. If the amount of the judgment and costs exceeds the amount owed to the direct contractor, or if the owner has settled with the direct contractor in full, the owner may recover from the direct contractor, or the sureties on a bond given by the direct contractor for faithful performance of the direct contract, the amount of the judgment and costs that exceed the contract price and for which the direct contractor was originally liable.
(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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 4 - Mechanics Lien › ARTICLE 7 - Release Order › Section 8480.

8480. (a) The owner of property or the owner of any interest in property subject to a claim of lien may petition the court for an order to release the property from the claim of lien if the claimant has not commenced an action to enforce the lien within the time provided in Section 8460.
(b) This article does not bar any other cause of action or claim for relief by the owner of the property. A release order does not bar any other cause of action or claim for relief by the claimant, other than an action to enforce the claim of lien that is the subject of the release order.
(c) A petition for a release order under this article may be joined with a pending action to enforce the claim of lien that is the subject of the petition. No other action or claim for relief may be joined with a petition under this article.
(d) Notwithstanding Section 8056, Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure does not apply to a proceeding 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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 4 - Mechanics Lien › ARTICLE 7 - Release Order › Section 8482.

8482. An owner of property may not petition the court for a release order under this article unless at least 10 days before filing the petition the owner gives the claimant notice demanding that the claimant execute and record a release of the claim of lien. The notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1, and shall state the grounds for the demand.
(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.)