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 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.)
2023 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 8728.

8728. The following provisions govern a deposit to or disbursement from a construction security escrow account under this chapter:
(a) Before the commencement of work the owner shall make an initial deposit to the account 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.
(b) If the contract provides for a retention to be withheld from a periodic payment to the direct contractor, the owner shall deposit to the account the amount withheld as retention at the time the owner makes the corresponding payment to the direct contractor from which the retention is withheld.
(c) The amount required to be maintained on deposit shall not exceed the total amount remaining to be paid to the direct contractor pursuant to the contract or as adjusted by agreement between the owner and the direct contractor. If the amount on deposit equals or exceeds the total amount remaining to be paid to the direct contractor, the owner and the direct contractor shall authorize disbursement to the direct contractor for progress payments then due the direct contractor, but a party is not obligated to authorize disbursement that would cause the amount remaining on deposit following the disbursement to be less than the total amount remaining to be paid to the direct contractor.
(d) The owner and the direct contractor shall authorize the disbursement to the owner of any funds remaining on deposit after the direct contractor has been paid all amounts due pursuant to the contract. The owner and the direct contractor shall authorize the disbursement of funds on deposit pursuant to a court order that is binding on both of them. The owner and the direct contractor may agree in the contract to additional conditions for the disbursement of funds on deposit, except that the conditions may not cause the amount remaining on deposit to be less than the amount required under this section.
(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 7 - Security for Large Project › ARTICLE 3 - Form of Security › Section 8730.

8730. If the contract price for a work of improvement is not a fixed price, the amount of security provided under this chapter shall be the guaranteed maximum price or, if there is no guaranteed maximum price, the owner’s and direct contractor’s good faith estimate of the reasonable value of the work to be provided pursuant to the 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 8 - Prompt Payment › ARTICLE 1 - Progress Payment › Section 8800.

8800. (a) Except as otherwise agreed in writing by the owner and direct contractor, the owner shall pay the direct contractor, within 30 days after notice demanding payment pursuant to the contract is given, any progress payment due as to which there is no good faith dispute between them. The notice given shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1.
(b) If there is a good faith dispute between the owner and direct contractor as to a progress payment due, the owner may withhold from the progress payment an amount not in excess of 150 percent of the disputed amount.
(c) An owner that violates this section is liable to the direct contractor for a penalty of 2 percent per month on the amount wrongfully withheld, in place of any interest otherwise due. In an action for collection of the amount wrongfully withheld, the prevailing party is entitled to costs and a reasonable attorney’s fee.
(d) This section does not supersede any requirement of Article 2 (commencing with Section 8810) relating to the withholding of a retention.
(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 8 - Prompt Payment › ARTICLE 1 - Progress Payment › Section 8802.

8802. (a) This section applies to a contract between a public utility and a direct contractor for all or part of a work of improvement.
(b) Unless the direct contractor and a subcontractor otherwise agree in writing, within 21 days after receipt of a progress payment from the public utility the direct contractor shall pay the subcontractor the amount allowed the direct contractor on account of the work performed by the subcontractor to the extent of the subcontractor’s interest in the work. If there is a good faith dispute over all or part of the amount due on a progress payment from the direct contractor to a subcontractor, the direct contractor may withhold an amount not in excess of 150 percent of the disputed amount.
(c) A direct contractor that violates this section is liable to the subcontractor for a penalty of 2 percent of the disputed amount due per month for every month that payment is not made. In an action for collection of the amount wrongfully withheld, the prevailing party is entitled to costs and a reasonable attorney’s fee.
(d) This section does not limit or impair a contractual, administrative, or judicial remedy otherwise available to a contractor or subcontractor in a dispute involving late payment or nonpayment by the contractor or deficient performance or nonperformance by the subcontractor.
(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 8 - Prompt Payment › ARTICLE 2 - Retention Payment › Section 8810.

8810. This article governs a retention payment withheld by an owner from a direct contractor or by a direct contractor from a subcontractor.
(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 8 - Prompt Payment › ARTICLE 2 - Retention Payment › Section 8812.

8812. (a) If an owner withholds a retention from a direct contractor, the owner shall, within 45 days after completion of the work of improvement, pay the retention to the contractor.
(b) If part of a work of improvement ultimately will become the property of a public entity, the owner may condition payment of a retention allocable to that part on acceptance of the part by the public entity.
(c) If there is a good faith dispute between the owner and direct contractor as to a retention payment due, the owner may withhold from final payment an amount not in excess of 150 percent of the disputed amount.
(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 8 - Prompt Payment › ARTICLE 2 - Retention Payment › Section 8814.

8814. (a) If a direct contractor has withheld a retention from one or more subcontractors, the direct contractor shall, within 10 days after receiving all or part of a retention payment, pay to each subcontractor from whom retention has been withheld that subcontractor’s share of the payment.
(b) If a retention received by the direct contractor is specifically designated for a particular subcontractor, the direct contractor shall pay the retention payment to the designated subcontractor, if consistent with the terms of the subcontract.
(c) If a good faith dispute exists between the direct contractor and a subcontractor, the direct contractor may withhold from the retention to the subcontractor an amount not in excess of 150 percent of the estimated value of the disputed amount.
(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 8 - Prompt Payment › ARTICLE 2 - Retention Payment › Section 8816.

8816. (a) If the direct contractor gives the owner, or a subcontractor gives the direct contractor, notice that work in dispute has been completed in accordance with the contract, the owner or direct contractor shall within 10 days give notice advising the notifying party of the acceptance or rejection of the disputed work. Both notices shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1.
(b) Within 10 days after acceptance of disputed work, the owner or direct contractor shall pay the portion of the retention relating to the disputed work.
(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 8 - Prompt Payment › ARTICLE 2 - Retention Payment › Section 8818.

8818. If an owner or direct contractor does not make a retention payment within the time required by this article:
(a) The owner or direct contractor is liable to the person to which payment is owed for a penalty of 2 percent per month on the amount wrongfully withheld, in place of any interest otherwise due.
(b) In an action for collection of the amount wrongfully withheld, the prevailing party is entitled to costs and reasonable attorney’s fees.
(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 8 - Prompt Payment › ARTICLE 2 - Retention Payment › Section 8820.

8820. It is against public policy to waive the provisions of this article 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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 8 - Prompt Payment › ARTICLE 2 - Retention Payment › Section 8822.

8822. This article does not apply to a retention payment withheld by a lender pursuant to a construction loan agreement.
(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 8 - Prompt Payment › ARTICLE 3 - Stop Work Notice › Section 8830.

8830. “Stop work notice” means notice given under this article by a direct contractor to an owner that the contractor will stop work if the amount owed the contractor is not paid within 10 days 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 8 - Prompt Payment › ARTICLE 3 - Stop Work Notice › Section 8832.

8832. If a direct contractor is not paid the amount due pursuant to a written contract within 35 days after the date payment is due under the contract, and there is no dispute as to the satisfactory performance of the contractor, the contractor may give the owner a stop work notice. 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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 8 - Prompt Payment › ARTICLE 3 - Stop Work Notice › Section 8834.

8834. A direct contractor that gives an owner a stop work notice shall give the following additional notice:
(a) At least five days before giving the stop work notice, the contractor shall post notice of intent to give a stop work notice. The notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1. In addition to posting the notice pursuant to Section 8114, the notice shall also be posted at the main office of the site, if one exists.
(b) At the same time the contractor gives the stop work notice, the contractor shall give a copy of the stop work notice to all subcontractors with whom the contractor has a direct contractual relationship on 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 8 - Prompt Payment › ARTICLE 3 - Stop Work Notice › Section 8836.

8836. Within five days after receipt of a stop work notice from a direct contractor, the owner shall give a copy of the notice to the construction lender, if any. The copy of the notice shall be given in compliance 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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 8 - Prompt Payment › ARTICLE 3 - Stop Work Notice › Section 8838.

8838. (a) The direct contractor or the direct contractor’s surety, or a subcontractor or a subcontractor’s surety, is not liable for delay or damage that the owner or a contractor of a subcontractor may suffer as a result of the direct contractor giving a stop work notice and subsequently stopping work for nonpayment, if the notice and posting requirements of this article are satisfied.
(b) A direct contractor’s or original subcontractor’s liability to a subcontractor or material supplier after the direct contractor stops work under this article is limited to the amount the subcontractor or material supplier could otherwise recover under this title for work provided up to the date the subcontractor or material supplier ceases work, subject to the following exceptions:
(1) The direct contractor’s or original subcontractor’s liability continues for work provided up to and including the 10-day notice period and not beyond.
(2) This subdivision does not limit liability for custom work, including materials that have been fabricated, manufactured, or ordered to specifications that are unique to the job.
(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 8 - Prompt Payment › ARTICLE 3 - Stop Work Notice › Section 8840.

8840. On resolution of the claim in the stop work notice or the direct contractor’s cancellation of the stop work notice, the contractor shall post, and give subcontractors with whom the contractor has a direct contractual relationship on the work of improvement, notice of the resolution or cancellation. The notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1. In addition to posting the notice pursuant to Section 8114, the notice shall also be posted at the main office of the site, if one exists.
(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 8 - Prompt Payment › ARTICLE 3 - Stop Work Notice › Section 8842.

8842. A direct contractor’s right to stop work under this article is in addition to other rights the direct contractor may have under the 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 8 - Prompt Payment › ARTICLE 3 - Stop Work Notice › Section 8844.

8844. (a) If payment of the amount claimed is not made within 10 days after a stop work notice is given, the direct contractor, the direct contractor’s surety, or an owner may in an expedited proceeding in the superior court in the county in which the private work of improvement is located, seek a judicial determination of liability for the amount due.
(b) The expedited proceeding shall be set for hearing or trial at the earliest possible date in order that it shall be quickly heard and determined, and shall take precedence over all other cases except older matter of the same character and other matters to which special precedence has been 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 8 - Prompt Payment › ARTICLE 3 - Stop Work Notice › Section 8846.

8846. It is against public policy to waive the provisions of this article 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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 8 - Prompt Payment › ARTICLE 3 - Stop Work Notice › Section 8848.

8848. (a) This article applies to a contract entered into on or after January 1, 1999.
(b) This article does not apply to a retention withheld by a lender pursuant to a construction loan agreement.
(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 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 1 - General Provisions › ARTICLE 1 - Application of Title › Section 9000.

9000. This title applies to a work of improvement contracted for by a public entity.
(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 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 1 - General Provisions › ARTICLE 2 - Claimants › Section 9100.

9100. (a) Except as provided in subdivision (b), any of the following persons that have not been paid in full may give a stop payment notice to the public entity or assert a claim against a payment bond:
(1) A person that provides work for a public works contract, if the work is authorized by a direct contractor, subcontractor, architect, project manager, or other person having charge of all or part of the public works contract.
(2) A laborer.
(3) A person described in Section 4107.7 of the Public Contract Code.
(b) A direct contractor may not give a stop payment notice or assert a claim against a payment bond under this title.
(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 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 2 - Completion › Section 9200.

9200. For the purpose of this title, completion of a work of improvement occurs at the earliest of the following times:
(a) Acceptance of the work of improvement by the public entity.
(b) Cessation of labor on the work of improvement for a continuous period of 60 days. This subdivision does not apply to a contract awarded under the State Contract Act, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract 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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 2 - Completion › Section 9202.

9202. (a) A public entity may record a notice of cessation if there has been a continuous cessation of labor for at least 30 days prior to the recordation that continues through the date of the recordation.
(b) The notice shall be signed and verified by the public entity or its agent.
(c) The notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1, and shall also include all of the following information:
(1) The date on or about which the labor ceased.
(2) A statement that the cessation has continued until the recordation 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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 2 - Completion › Section 9204.

9204. (a) A public entity may record a notice of completion on or within 15 days after the date of completion of a work of improvement.
(b) The notice shall be signed and verified by the public entity or its agent.
(c) The notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1, and shall also include the date of completion. An erroneous statement of the date of completion does not affect the effectiveness of the notice if the true date of completion is 15 days or less before the date of recordation 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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 2 - Completion › Section 9208.

9208. A notice of completion in otherwise proper form, verified and containing the information required by this title shall be accepted by the recorder for recording and is deemed duly recorded without acknowledgment.
(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 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 3 - Preliminary Notice › Section 9300.

9300. (a) Except as otherwise provided by statute, before giving a stop payment notice or asserting a claim against a payment bond, a claimant shall give preliminary notice to the following persons:
(1) The public entity.
(2) The direct contractor to which the claimant provides work.
(b) Notwithstanding subdivision (a):
(1) A laborer is not required to give preliminary notice.
(2) A claimant that has a direct contractual relationship with a direct contractor is not required to give preliminary notice.
(c) Compliance with this section is a necessary prerequisite to the validity of a stop payment notice under this title.
(d) Compliance with this section or with Section 9562 is a necessary prerequisite to the validity of a claim against a payment bond under this title.
(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 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 3 - Preliminary Notice › Section 9302.

9302. (a) Except as provided in subdivision (b), preliminary notice shall be given in compliance with the requirements of Chapter 2 (commencing with Section 8100) of Title 1.
(b) If the public works contract is for work constructed by the Department of Public Works or the Department of General Services of the state, preliminary notice to the public entity shall be given to the disbursing officer of the department constructing the work.
(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 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 3 - Preliminary Notice › Section 9303.

9303. The preliminary notice shall comply with the requirements of Section 8102, and shall also include:
(a) A general description of the work to be provided.
(b) An estimate of the total price of the work provided and to be provided.
(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 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 3 - Preliminary Notice › Section 9304.

9304. A claimant may give a stop payment notice or assert a claim against a payment bond only for work provided within 20 days before giving preliminary notice and at any time thereafter.
(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 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 3 - Preliminary Notice › Section 9306.

9306. 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 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 4 - Stop Payment Notice › ARTICLE 1 - General Provisions › Section 9350.

9350. The rights of all persons furnishing work pursuant to a public works contract, with respect to any fund for payment of construction costs, are governed exclusively by this chapter, and no person may assert any legal or equitable right with respect to that fund, other than a right created by direct written contract between the person and the person holding the fund, except pursuant to the provisions of 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 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 4 - Stop Payment Notice › ARTICLE 1 - General Provisions › Section 9352.

9352. (a) A stop payment notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1, and shall be signed and verified by the claimant.
(b) The notice shall include a general description of work to be provided, and an estimate of the total amount in value of the work to be provided.
(c) The amount claimed in the notice may include only the amount due the claimant for work provided through the date 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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 4 - Stop Payment Notice › ARTICLE 1 - General Provisions › Section 9354.

9354. (a) Except as provided in subdivision (b), a stop payment notice shall be given in compliance with the requirements of Chapter 2 (commencing with Section 8100) of Title 1.
(b) A stop payment notice shall be given to the public entity by giving the notice to the following person:
(1) In the case of a public works contract of the state, the director of the department that awarded the contract.
(2) In the case of a public works contract of a public entity other than the state, the office of the controller, auditor, or other public disbursing officer whose duty it is to make payment pursuant to the contract, or the commissioners, managers, trustees, officers, board of supervisors, board of trustees, common council, or other body by which the contract was awarded.
(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 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 4 - Stop Payment Notice › ARTICLE 1 - General Provisions › Section 9356.

9356. A stop payment notice is not effective unless given before the expiration of whichever of the following time periods is applicable:
(a) If a notice of completion, acceptance, or cessation is recorded, 30 days after that recordation.
(b) If a notice of completion, acceptance, or cessation is not recorded, 90 days after cessation or completion.
(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 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 4 - Stop Payment Notice › ARTICLE 1 - General Provisions › Section 9358.

9358. (a) The public entity shall, on receipt of a stop payment notice, withhold from the direct contractor sufficient funds due or to become due to the direct contractor to pay the claim stated in the stop payment notice and to provide for the public entity’s reasonable cost of any litigation pursuant to the stop payment notice.
(b) The public entity may satisfy its duty under this section by refusing to release funds held in escrow under Section 10263 or 22300 of the Public Contract 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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 4 - Stop Payment Notice › ARTICLE 1 - General Provisions › Section 9360.

9360. (a) This chapter does not prohibit payment of funds to a direct contractor or a direct contractor’s assignee if a stop payment notice is not received before the disbursing officer actually surrenders possession of the funds.
(b) This chapter does not prohibit payment of any amount due to a direct contractor or a direct contractor’s assignee in excess of the amount necessary to pay the total amount of all claims stated in stop payment notices received by the public entity at the time of payment plus any interest and court costs that might reasonably be anticipated in connection with the claims.
(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 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 4 - Stop Payment Notice › ARTICLE 1 - General Provisions › Section 9362.

9362. (a) Not later than 10 days after each of the following events, the public entity shall give notice to a claimant that has given a stop payment notice of the time within which an action to enforce payment of the claim stated in the stop payment notice must be commenced:
(1) Completion of a public works contract, whether by acceptance or cessation.
(2) Recordation of a notice of cessation or completion.
(b) The notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1.
(c) A public entity need not give notice under this section unless the claimant has paid the public entity ten dollars ($10) at the time of giving the 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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 4 - Stop Payment Notice › ARTICLE 1 - General Provisions › Section 9364.

9364. (a) A public entity may, in its discretion, permit the direct contractor to give the public entity a release bond. The bond shall be executed by an admitted surety insurer, in an amount equal to 125 percent of the claim stated in the stop payment notice, conditioned for the payment of any amount the claimant recovers in an action on the claim, together with court costs if the claimant prevails.
(b) On receipt of a release bond, the public entity shall not withhold funds from the direct contractor pursuant to the stop payment notice.
(c) The surety on a release bond is jointly and severally liable to the claimant with the sureties on any payment bond given under Chapter 5 (commencing with Section 9550).
(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 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 4 - Stop Payment Notice › ARTICLE 2 - Summary Proceeding for Release of Funds › Section 9400.

9400. A direct contractor may obtain release of funds withheld pursuant to a stop payment notice under the summary proceeding provided in this article on any of the following grounds:
(a) The claim on which the notice is based is not a type for which a stop payment notice is authorized under this chapter.
(b) The claimant is not a person authorized under Section 9100 to give a stop payment notice.
(c) The amount of the claim stated in the stop payment notice is excessive.
(d) There is no basis for the claim stated in the 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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 4 - Stop Payment Notice › ARTICLE 2 - Summary Proceeding for Release of Funds › Section 9402.

9402. The direct contractor shall serve on the public entity an affidavit, together with a copy of the affidavit, in compliance with the requirements of Chapter 2 (commencing with Section 8100) of Title 1, that includes all of the following information:
(a) An allegation of the grounds for release of the funds and a statement of the facts supporting the allegation.
(b) A demand for the release of all or the portion of the funds that are alleged to be withheld improperly or in an excessive amount.
(c) A statement of the address of the contractor within the state for the purpose of permitting service by mail on the contractor of any notice or document.
(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 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 4 - Stop Payment Notice › ARTICLE 2 - Summary Proceeding for Release of Funds › Section 9404.

9404. The public entity shall serve on the claimant a copy of the direct contractor’s affidavit, together with a notice stating that the public entity will release the funds withheld, or the portion of the funds demanded, unless the claimant serves on the public entity a counteraffidavit on or before the time stated in the notice. The time stated in the notice shall be not less than 10 days nor more than 20 days after service on the claimant of the copy of the affidavit. 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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 4 - Stop Payment Notice › ARTICLE 2 - Summary Proceeding for Release of Funds › Section 9406.

9406. (a) A claimant that contests the direct contractor’s affidavit shall serve on the public entity a counteraffidavit alleging the details of the claim and describing the specific basis on which the claimant contests or rebuts the allegations of the contractor’s affidavit. The counteraffidavit shall be served within the time stated in the public entity’s notice, together with proof of service of a copy of the counteraffidavit on the direct contractor. The service of the counteraffidavit on the public entity and the copy of the affidavit on the direct contractor shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1.
(b) If no counteraffidavit with proof of service is served on the public entity within the time stated in the public entity’s notice, the public entity shall immediately release the funds, or the portion of the funds demanded by the affidavit, without further notice to the claimant, and the public entity is not liable in any manner for their release.
(c) The public entity is not responsible for the validity of an affidavit or counteraffidavit 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 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 4 - Stop Payment Notice › ARTICLE 2 - Summary Proceeding for Release of Funds › Section 9408.

9408. (a) If a counteraffidavit, together with proof of service, is served under Section 9406, either the direct contractor or the claimant may commence an action for a declaration of the rights of the parties.
(b) After commencement of the action, either the direct contractor or the claimant may move the court for a determination of rights under the affidavit and counteraffidavit. The party making the motion shall give not less than five days’ notice of the hearing to the public entity and to the other party.
(c) The notice of hearing shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1. Notwithstanding Section 8116, when notice of the hearing is made by mail, the notice is complete on the fifth day following deposit of the notice in the mail.
(d) The court shall hear the motion within 15 days after the date of the motion, unless the court continues the hearing for good cause.
(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 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 4 - Stop Payment Notice › ARTICLE 2 - Summary Proceeding for Release of Funds › Section 9410.

9410. (a) The affidavit and counteraffidavit shall be filed with the court by the public entity and shall constitute the pleadings, subject to the power of the court to permit an amendment in the interest of justice. The affidavit of the direct contractor shall be deemed controverted by the counteraffidavit of the claimant, and both shall be received in evidence.
(b) At the hearing, the direct contractor has the burden of proof.
(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 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 4 - Stop Payment Notice › ARTICLE 2 - Summary Proceeding for Release of Funds › Section 9412.

9412. (a) No findings are required in a summary proceeding under this article.
(b) If at the hearing no evidence other than the affidavit and counteraffidavit is offered, the court may, if satisfied that sufficient facts are shown, make a determination on the basis of the affidavit and counteraffidavit. If the court is not satisfied that sufficient facts are shown, the court shall order the hearing continued for production of other evidence, oral or documentary, or the filing of other affidavits and counteraffidavits.
(c) At the conclusion of the hearing, the court shall make an order determining whether the demand for release is allowed. The court’s order is determinative of the right of the claimant to have funds further withheld by the public entity.
(d) The direct contractor shall serve a copy of the court’s order on the public entity in compliance 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.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 4 - Stop Payment Notice › ARTICLE 2 - Summary Proceeding for Release of Funds › Section 9414.

9414. A determination in a summary proceeding under this article is not res judicata with respect to a right of action by the claimant against either the principal or surety on a payment bond or with respect to a right of action against a party personally liable to 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 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 4 - Stop Payment Notice › ARTICLE 3 - Distribution of Funds Withheld › Section 9450.

9450. If funds withheld pursuant to a stop payment notice are insufficient to pay in full the claims of all persons who have given a stop payment notice, 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 a stop payment notice is given, without regard to the order in which the notices were given or enforcement actions were 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 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 4 - Stop Payment Notice › ARTICLE 3 - Distribution of Funds Withheld › Section 9452.

9452. Nothing in this chapter impairs the right of a claimant to recover from the direct contractor or the contractor’s sureties in an action on a payment bond under Chapter 5 (commencing with Section 9550) any deficit that remains unpaid after the distribution under Section 9450.
(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 3 - PUBLIC WORK OF IMPROVEMENT › CHAPTER 4 - Stop Payment Notice › ARTICLE 3 - Distribution of Funds Withheld › Section 9454.

9454. A person that willfully gives a false stop payment notice to the public entity or that willfully includes in the notice work not provided for the public works contract for which the stop payment notice is given forfeits all right to participate in the distribution under Section 9450.
(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.)