reglab/statecodes huggingface dataset:
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 1 - WORKS OF IMPROVEMENT GENERALLY › CHAPTER 1 - General Provisions › ARTICLE 2 - Miscellaneous Provisions › Section 8052.

8052. (a) This part is operative on July 1, 2012.
(b) Notwithstanding subdivision (a), the effectiveness of a notice given or other action taken on a work of improvement before July 1, 2012, is governed by the applicable law in effect before July 1, 2012, and not by this part.
(c) A provision of this part, insofar as it is substantially the same as a previously existing provision relating to the same subject matter, shall be construed as a restatement and continuation thereof and not as a new enactment.
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 1 - WORKS OF IMPROVEMENT GENERALLY › CHAPTER 1 - General Provisions › ARTICLE 2 - Miscellaneous Provisions › Section 8054.

8054. (a) This part does not apply to a transaction governed by the Oil and Gas Lien Act (Chapter 2.5 (commencing with Section 1203.50) of Title 4 of Part 3 of the Code of Civil Procedure).
(b) This part does not apply to or change improvement security under the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code).
(c) This part does not apply to a transaction governed by Sections 20457 to 20464, inclusive, 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 1 - WORKS OF IMPROVEMENT GENERALLY › CHAPTER 1 - General Provisions › ARTICLE 2 - Miscellaneous Provisions › Section 8056.

8056. Except as otherwise provided in this part, Part 2 (commencing with Section 307) of the Code of Civil Procedure provides the rules of practice in proceedings under this part.
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 1 - WORKS OF IMPROVEMENT GENERALLY › CHAPTER 1 - General Provisions › ARTICLE 2 - Miscellaneous Provisions › Section 8058.

8058. For purposes of this part, “day” means a calendar day.
(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 1 - WORKS OF IMPROVEMENT GENERALLY › CHAPTER 1 - General Provisions › ARTICLE 2 - Miscellaneous Provisions › Section 8060.

8060. (a) If this part provides for filing a contract, plan, or other paper with the county recorder, the provision is satisfied by filing the paper in the office of the county recorder of the county in which the work of improvement or part of it is situated.
(b) If this part provides for recording a notice, claim of lien, release of lien, payment bond, or other paper, the provision is satisfied by filing the paper for record in the office of the county recorder of the county in which the work of improvement or part of it is situated.
(c) The county recorder shall number, index, and preserve a contract, plan, or other paper presented for filing under this part, and shall number, index, and transcribe into the official records, in the same manner as a conveyance of real property, a notice, claim of lien, payment bond, or other paper recorded under this part.
(d) The county recorder shall charge and collect the fees provided in Article 5 (commencing with Section 27360) of Chapter 6 of Part 3 of Division 2 of Title 3 of the Government Code for performing duties 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 1 - WORKS OF IMPROVEMENT GENERALLY › CHAPTER 1 - General Provisions › ARTICLE 2 - Miscellaneous Provisions › Section 8062.

8062. No act of an owner in good faith and in compliance with a provision of this part shall be construed to prevent a direct contractor’s performance of the contract, or exonerate a surety on a performance or payment bond.
(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 1 - WORKS OF IMPROVEMENT GENERALLY › CHAPTER 1 - General Provisions › ARTICLE 2 - Miscellaneous Provisions › Section 8064.

8064. An owner may give a notice or execute or file a document under this part on behalf of a co-owner if the owner acts on the co-owner’s behalf and includes in the notice or document the name and address of the co-owner on whose behalf the owner acts.
(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 1 - WORKS OF IMPROVEMENT GENERALLY › CHAPTER 1 - General Provisions › ARTICLE 2 - Miscellaneous Provisions › Section 8066.

8066. An act that may be done by or to a person under this part may be done by or to the person’s agent to the extent the act is within the scope of the agent’s authority.
(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 1 - WORKS OF IMPROVEMENT GENERALLY › CHAPTER 2 - Notice › Section 8100.

8100. Notice under this part shall be in writing. Writing includes printing and typewriting.
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 1 - WORKS OF IMPROVEMENT GENERALLY › CHAPTER 2 - Notice › Section 8102.

8102. (a) Notice under this part shall, in addition to any other information required by statute for that type of notice, include all of the following information to the extent known to the person giving the notice:
(1) The name and address of the owner or reputed owner.
(2) The name and address of the direct contractor.
(3) The name and address of the construction lender, if any.
(4) A description of the site sufficient for identification, including the street address of the site, if any. If a sufficient legal description of the site is given, the effectiveness of the notice is not affected by the fact that the street address is erroneous or is omitted.
(5) The name, address, and relationship to the parties of the person giving the notice.
(6) If the person giving the notice is a claimant:
(A) A general statement of the work provided.
(B) The name of the person to or for whom the work is provided.
(C) A statement or estimate of the claimant’s demand, if any, after deducting all just credits and offsets.
(b) Notice is not invalid by reason of any variance from the requirements of this section if the notice is sufficient to substantially inform the person given notice of the information required by this section and other information required in the notice.
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 1 - WORKS OF IMPROVEMENT GENERALLY › CHAPTER 2 - Notice › Section 8104.

8104. (a) A direct contractor or subcontractor on a work of improvement governed by this part that employs a laborer and fails to pay the full compensation due the laborer, including any employer payments described in Section 1773.1 of the Labor Code and implementing regulations, shall not later than the date the compensation became delinquent, give the laborer, the laborer’s bargaining representative, if any, the construction lender or reputed construction lender, if any, and the owner or reputed owner, notice that includes all of the following information, in addition to the information required by Section 8102:
(1) The name and address of the laborer, and of any person or entity described in subdivision (b) of Section 8024 to which employer payments are due.
(2) The total number of straight time and overtime hours worked by the laborer on each job.
(3) The amount then past due and owing.
(b) Failure to give the notice required by subdivision (a) constitutes grounds for disciplinary action under the Contractors’ State License Law, Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code.
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 1 - WORKS OF IMPROVEMENT GENERALLY › CHAPTER 2 - Notice › Section 8106.

8106. Except as otherwise provided by statute, notice under this part shall be given by any of the following means:
(a) Personal delivery.
(b) Mail in the manner provided in Section 8110.
(c) Leaving the notice and mailing a copy in the manner provided in Section 415.20 of the Code of Civil Procedure for service of summons and complaint in a civil action.
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 1 - WORKS OF IMPROVEMENT GENERALLY › CHAPTER 2 - Notice › Section 8108.

8108. Except as otherwise provided by this part, notice under this part shall be given to the person to be notified at the person’s residence, the person’s place of business, or at any of the following addresses:
(a) If the person to be notified is an owner other than a public entity, the owner’s address shown on the direct contract, the building permit, or a construction trust deed.
(b) If the person to be notified is a public entity, the office of the public entity or another address specified by the public entity in the contract or elsewhere for service of notices, papers, and other documents.
(c) If the person to be notified is a construction lender, the construction lender’s address shown on the construction loan agreement or construction trust deed.
(d) If the person to be notified is a direct contractor or a subcontractor, the contractor’s address shown on the building permit, on the contractor’s contract, or on the records of the Contractors’ State License Board.
(e) If the person to be notified is a claimant, the claimant’s address shown on the claimant’s contract, preliminary notice, claim of lien, stop payment notice, or claim against a payment bond, or on the records of the Contractors’ State License Board.
(f) If the person to be notified is a surety on a bond, the surety’s address shown on the bond for service of notices, papers, and other documents, or on the records of the Department of Insurance.
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 1 - WORKS OF IMPROVEMENT GENERALLY › CHAPTER 2 - Notice › Section 8110.

8110. Except as otherwise provided by this part, notice by mail under this part shall be given by registered or certified mail, express mail, or overnight delivery by an express service carrier.
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 1 - WORKS OF IMPROVEMENT GENERALLY › CHAPTER 2 - Notice › Section 8114.

8114. A notice required by this part to be posted shall be displayed in a conspicuous location at the site.
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 1 - WORKS OF IMPROVEMENT GENERALLY › CHAPTER 2 - Notice › Section 8116.

8116. Notice under this part is complete and deemed to have been given at the following times:
(a) If given by personal delivery, when delivered.
(b) If given by mail, when deposited in the mail or with an express service carrier in the manner provided in Section 1013 of the Code of Civil Procedure.
(c) If given by leaving the notice and mailing a copy in the manner provided in Section 415.20 of the Code of Civil Procedure for service of summons in a civil action, five days after mailing.
(d) If given by posting, when displayed.
(e) If given by recording, when recorded in the office of the county recorder.
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 1 - WORKS OF IMPROVEMENT GENERALLY › CHAPTER 2 - Notice › Section 8118.

8118. (a) Proof that notice was given to a person in the manner required by this part shall be made by a proof of notice declaration that states all of the following:
(1) The type or description of the notice given.
(2) The date, place, and manner of notice, and facts showing that notice was given in the manner required by statute.
(3) The name and address of the person to which notice was given, and, if appropriate, the title or capacity in which the person was given notice.
(b) If the notice is given by mail, the declaration shall be accompanied by one of the following:
(1) Documentation provided by the United States Postal Service showing that payment was made to mail the notice using registered or certified mail, or express mail.
(2) Documentation provided by an express service carrier showing that payment was made to send the notice using an overnight delivery service.
(3) A return receipt, delivery confirmation, signature confirmation, tracking record, or other proof of delivery or attempted delivery provided by the United States Postal Service, or a photocopy of the record of delivery and receipt maintained by the United States Postal Service, showing the date of delivery and to whom delivered, or in the event of nondelivery, by the returned envelope itself.
(4) A tracking record or other documentation provided by an express service carrier showing delivery or attempted delivery of the notice.
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 1 - WORKS OF IMPROVEMENT GENERALLY › CHAPTER 2 - Notice › Section 8119.

8119. (a) With respect to a work of improvement on a common area within a common interest development: (1) The association is deemed to be an agent of the owners of separate interests in the common interest development for all notices and claims required by this part. (2) If any provision of this part requires the delivery or service of a notice or claim to or on the owner of common area property, the notice or claim may be delivered to or served on the association.
(b) For the purposes of this section, the terms “association,” “common area,” “common interest development,” and “separate interest” have the meanings provided in Article 2 (commencing with Section 4075) of Chapter 1 of Part 5 and Article 2 (commencing with Section 6526) of Chapter 1 of Part 5.3.
(Added by Stats. 2017, Ch. 44, Sec. 5. (AB 534) Effective January 1, 2018.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 1 - WORKS OF IMPROVEMENT GENERALLY › CHAPTER 3 - Waiver and Release › Section 8120.

8120. The provisions of this chapter apply to a work of improvement governed by this part.
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 1 - WORKS OF IMPROVEMENT GENERALLY › CHAPTER 3 - Waiver and Release › Section 8122.

8122. An owner, direct contractor, or subcontractor may not, by contract or otherwise, waive, affect, or impair any other claimant’s rights under this part, whether with or without notice, and any term of a contract that purports to do so is void and unenforceable unless and until the claimant executes and delivers a waiver and release under this article.
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 1 - WORKS OF IMPROVEMENT GENERALLY › CHAPTER 3 - Waiver and Release › Section 8124.

8124. A claimant’s waiver and release does not release the owner, construction lender, or surety on a payment bond from a lien or claim unless both of the following conditions are satisfied:
(a) The waiver and release is in substantially the form provided in this article and is signed by the claimant.
(b) If the release is a conditional release, there is evidence of payment to the claimant. Evidence of payment may be either of the following:
(1) The claimant’s endorsement on a single or joint payee check that has been paid by the financial institution on which it was drawn.
(2) Written acknowledgment of payment by the claimant.
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 1 - WORKS OF IMPROVEMENT GENERALLY › CHAPTER 3 - Waiver and Release › Section 8126.

8126. An oral or written statement purporting to waive, release, impair or otherwise adversely affect a lien or claim is void and unenforceable and does not create an estoppel or impairment of the lien or claim unless either of the following conditions is satisfied:
(a) The statement is pursuant to a waiver and release under this article.
(b) The claimant has actually received payment in full for the claim.
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 1 - WORKS OF IMPROVEMENT GENERALLY › CHAPTER 3 - Waiver and Release › Section 8128.

8128. (a) A claimant may reduce the amount of, or release in its entirety, a stop payment notice. The reduction or release shall be in writing and may be given in a form other than a waiver and release form provided in this article.
(b) The writing shall identify whether it is a reduction of the amount of the stop payment notice, or a release of the notice in its entirety. If the writing is a reduction, it shall state the amount of the reduction, and the amount to remain withheld after the reduction.
(c) A claimant’s reduction or release of a stop payment notice has the following effect:
(1) The reduction or release releases the claimant’s right to enforce payment of the claim stated in the notice to the extent of the reduction or release.
(2) The reduction or release releases the person given the notice from the obligation to withhold funds pursuant to the notice to the extent of the reduction or release.
(3) The reduction or release does not preclude the claimant from giving a subsequent stop payment notice that is timely and proper.
(4) The reduction or release does not release any right of the claimant other than the right to enforce payment of the claim stated in the stop payment notice to the extent of the reduction or release.
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 1 - WORKS OF IMPROVEMENT GENERALLY › CHAPTER 3 - Waiver and Release › Section 8130.

8130. This article does not affect the enforceability of either an accord and satisfaction concerning a good faith dispute or an agreement made in settlement of an action pending in court if the accord and satisfaction or agreement and settlement make specific reference to the lien or claim.
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 1 - WORKS OF IMPROVEMENT GENERALLY › CHAPTER 3 - Waiver and Release › Section 8132.

8132. If a claimant is required to execute a waiver and release in exchange for, or in order to induce payment of, a progress payment and the claimant is not, in fact, paid in exchange for the waiver and release or a single payee check or joint payee check is given in exchange for the waiver and release, the waiver and release shall be null, void, and unenforceable unless it is in substantially the following form:
CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT
NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT’S LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT. A PERSON SHOULD NOT RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAYMENT.
Identifying Information
Name of Claimant:
Name of Customer:
Job Location:
Owner:
Through Date:
Conditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. This document is effective only on the claimant’s receipt of payment from the financial institution on which the following check is drawn:
Maker of Check:
Amount of Check: $
Check Payable to:
Exceptions
This document does not affect any of the following:
(1) Retentions.
(2) Extras for which the claimant has not received payment.
(3) The following progress payments for which the claimant has previously given a conditional waiver and release but has not received payment:
Date(s) of waiver and release:
Amount(s) of unpaid progress payment(s): $
(4) Contract rights, including (A) a right based on rescission, abandonment, or breach of contract, and (B) the right to recover compensation for work not compensated by the payment.
Signature
Claimant’s Signature:
Claimant’s Title:
Date of Signature:
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 1 - WORKS OF IMPROVEMENT GENERALLY › CHAPTER 3 - Waiver and Release › Section 8134.

8134. If the claimant is required to execute a waiver and release in exchange for, or in order to induce payment of, a progress payment and the claimant asserts in the waiver that the claimant has, in fact, been paid the progress payment, the waiver and release shall be null, void, and unenforceable unless it is in substantially the following form, with the text of the “Notice to Claimant” in at least as large a type as the largest type otherwise in the form:
UNCONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT
NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM.
Identifying Information
Name of Claimant:
Name of Customer:
Job Location:
Owner:
Through Date:
Unconditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. The claimant has received the following progress payment: $
Exceptions
This document does not affect any of the following:
(1) Retentions.
(2) Extras for which the claimant has not received payment.
(3) Contract rights, including (A) a right based on rescission, abandonment, or breach of contract, and (B) the right to recover compensation for work not compensated by the payment.
Signature
Claimant’s Signature:
Claimant’s Title:
Date of Signature:
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 1 - WORKS OF IMPROVEMENT GENERALLY › CHAPTER 3 - Waiver and Release › Section 8136.

8136. If the claimant is required to execute a waiver and release in exchange for, or in order to induce payment of, a final payment and the claimant is not, in fact, paid in exchange for the waiver and release or a single payee check or joint payee check is given in exchange for the waiver and release, the waiver and release shall be null, void, and unenforceable unless it is in substantially the following form:
CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT
NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT’S LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT. A PERSON SHOULD NOT RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAYMENT.
Identifying Information
Name of Claimant:
Name of Customer:
Job Location:
Owner:
Conditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. This document is effective only on the claimant’s receipt of payment from the financial institution on which the following check is drawn:
Maker of Check:
Amount of Check: $
Check Payable to:
Exceptions
This document does not affect any of the following:
Disputed claims for extras in the amount of: $
Signature
Claimant’s Signature:
Claimant’s Title:
Date of Signature:
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 1 - WORKS OF IMPROVEMENT GENERALLY › CHAPTER 3 - Waiver and Release › Section 8138.

8138. If the claimant is required to execute a waiver and release in exchange for, or in order to induce payment of, a final payment and the claimant asserts in the waiver that the claimant has, in fact, been paid the final payment, the waiver and release shall be null, void, and unenforceable unless it is in substantially the following form, with the text of the “Notice to Claimant” in at least as large a type as the largest type otherwise in the form:
UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT
NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM.
Identifying Information
Name of Claimant:
Name of Customer:
Job Location:
Owner:
Unconditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for all labor and service provided, and equipment and material delivered, to the customer on this job. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. The claimant has been paid in full.
Exceptions
This document does not affect the following:
Disputed claims for extras in the amount of: $
Signature
Claimant’s Signature:
Claimant’s Title:
Date of Signature:
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 1 - WORKS OF IMPROVEMENT GENERALLY › CHAPTER 4 - Bonds › Section 8150.

8150. The Bond and Undertaking Law (Chapter 2 (commencing with Section 995.010) of Title 14 of Part 2 of the Code of Civil Procedure) applies to a bond given under this part, except to the extent this part prescribes a different rule or is inconsistent.
(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 1 - WORKS OF IMPROVEMENT GENERALLY › CHAPTER 4 - Bonds › Section 8152.

8152. None of the following releases a surety from liability on a bond given under this part:
(a) A change, alteration, or modification to a contract, plan, specification, or agreement for a work of improvement or for work provided for a work of improvement.
(b) A change or modification to the terms of payment or an extension of the time for payment for a work of improvement.
(c) A rescission or attempted rescission of a contract, agreement, or bond.
(d) A condition precedent or subsequent in the bond purporting to limit the right of recovery of a claimant otherwise entitled to recover pursuant to a contract, agreement, or bond.
(e) In the case of a bond given for the benefit of claimants, the fraud of a person other than the claimant seeking to recover on the bond.
(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 1 - WORKS OF IMPROVEMENT GENERALLY › CHAPTER 4 - Bonds › Section 8154.

8154. (a) A bond given under this part shall be construed most strongly against the surety and in favor of all persons for whose benefit the bond is given.
(b) A surety is not released from liability to those for whose benefit the bond has been given by reason of a breach of the direct contract or on the part of any obligee named in the bond.
(c) Except as otherwise provided by statute, the sole conditions of recovery on the bond are that the claimant is a person described in Article 1 (commencing with Section 8400) of Chapter 4 of Title 2, or in Section 9100, and has not been paid the full amount of the claim.
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 1 - General Provisions › ARTICLE 1 - Application of Title › Section 8160.

8160. This title applies to a work of improvement that is not governed by Title 3 (commencing with Section 9000) of this part.
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
2023 California Code › Civil Code - CIV › DIVISION 4 - GENERAL PROVISIONS › PART 6 - WORKS OF IMPROVEMENT › TITLE 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 1 - General Provisions › ARTICLE 2 - Construction Documents › Section 8170.

8170. (a) A written direct contract shall provide a space for the owner to enter the following information:
(1) The owner’s name, address, and place of business, if any.
(2) The name and address of the construction lender, if any. This paragraph does not apply to a home improvement contract or swimming pool contract subject to Article 10 (commencing with Section 7150) of Chapter 9 of Division 3 of the Business and Professions Code.
(b) A written contract entered into between a direct contractor and subcontractor, or between subcontractors, shall provide a space for the name and address of the owner, direct contractor, and 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 1 - General Provisions › ARTICLE 2 - Construction Documents › Section 8172.

8172. (a) A public entity that issues building permits shall, in its application form for a building permit, provide space and a designation for the applicant to enter the name, branch designation, if any, and address of the construction lender and shall keep the information on file open for public inspection during the regular business hours of the public entity.
(b) If there is no known construction lender, the applicant shall note that fact in the designated space.
(c) Failure of the applicant to indicate the name and address of the construction lender on the application does not relieve a person required to give the construction lender preliminary notice from that duty.
(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 1 - General Provisions › ARTICLE 2 - Construction Documents › Section 8174.

8174. (a) A mortgage, deed of trust, or other instrument securing a loan, any of the proceeds of which may be used for a work of improvement, shall bear the designation “Construction Trust Deed” prominently on its face and shall state all of the following:
(1) The name and address of the construction lender.
(2) The name and address of the owner of the real property described in the instrument.
(3) A legal description of the real property that secures the loan and, if known, the street address of the property.
(b) Failure to comply with subdivision (a) does not affect the validity of the mortgage, deed of trust, or other instrument.
(c) Failure to comply with subdivision (a) does not relieve a person required to give preliminary notice from that duty.
(d) The county recorder of the county in which the instrument is recorded shall indicate in the general index of the official records of the county that the instrument secures a 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 1 - General Provisions › ARTICLE 3 - Completion › Section 8180.

8180. (a) For the purpose of this title, completion of a work of improvement occurs upon the occurrence of any of the following events:
(1) Actual completion of the work of improvement.
(2) Occupation or use by the owner accompanied by cessation of labor.
(3) Cessation of labor for a continuous period of 60 days.
(4) Recordation of a notice of cessation after cessation of labor for a continuous period of 30 days.
(b) Notwithstanding subdivision (a), if a work of improvement is subject to acceptance by a public entity, completion occurs on acceptance.
(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 1 - General Provisions › ARTICLE 3 - Completion › Section 8182.

8182. (a) An owner may record a notice of completion on or within 15 days after the date of completion of a work of improvement.
(b) The notice of completion 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, and shall also include all of the following information:
(1) If the notice is given only of completion of a contract for a particular portion of the work of improvement as provided in Section 8186, the name of the direct contractor under that contract and a general statement of the work provided pursuant to the contract.
(2) If signed by the owner’s successor in interest, the name and address of the successor’s transferor.
(3) The nature of the interest or estate of the owner.
(4) 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.
(d) A notice of completion that does not comply with the provisions of this section is not effective.
(e) For the purpose of this section, “owner” means the owner who causes a building, improvement, or structure to be constructed, altered, or repaired, or that person’s successor in interest at the date a notice of completion is recorded, whether the interest or estate of the owner be in fee, as vendee under a contract of purchase, as lessee, or other interest or estate less than the fee. Where the interest or estate is held by two or more persons as joint tenants or tenants in common, any one or more of the cotenants may be deemed to be the “owner” within the meaning of 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 1 - General Provisions › ARTICLE 3 - Completion › Section 8184.

8184. 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 2 - PRIVATE WORKS OF IMPROVEMENT › CHAPTER 1 - General Provisions › ARTICLE 3 - Completion › Section 8186.

8186. If a work of improvement is made pursuant to two or more direct contracts, each covering a portion of the work of improvement:
(a) The owner may record a notice of completion of a direct contract for a portion of the work of improvement. On recordation of the notice of completion, for the purpose of Sections 8412 and 8414, a direct contractor is deemed to have completed the contract for which the notice of completion is recorded and a claimant other than a direct contractor is deemed to have ceased providing work.
(b) If the owner does not record a notice of completion under this section, the period for recording a claim of lien is that provided in Sections 8412 and 8414.
(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 1 - General Provisions › ARTICLE 3 - Completion › Section 8188.

8188. (a) An owner may record a notice of cessation if there has been a continuous cessation of labor on a work of improvement 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 owner.
(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 labor ceased.
(2) A statement that the cessation has continued until the recordation of the notice.
(d) For the purpose of this section, “owner” means the owner who causes a building, improvement, or structure to be constructed, altered, or repaired, or that person’s successor in interest at the date a notice of cessation is recorded, whether the interest or estate of the owner be in fee, as vendee under a contract of purchase, as lessee, or other interest or estate less than the fee. Where the interest or estate is held by two or more persons as joint tenants or tenants in common, any one or more of the cotenants may be deemed to be the “owner” within the meaning of 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 1 - General Provisions › ARTICLE 3 - Completion › Section 8190.

8190. (a) An owner that records a notice of completion or cessation shall, within 10 days of the date the notice of completion or cessation is filed for record, give a copy of the notice to all of the following persons:
(1) A direct contractor.
(2) A claimant that has given the owner preliminary notice.
(b) The copy of the notice shall be given in compliance with the requirements of Chapter 2 (commencing with Section 8100) of Title 1.
(c) If the owner fails to give notice to a person as required by subdivision (a), the notice is ineffective to shorten the time within which that person may record a claim of lien under Sections 8412 and 8414. The ineffectiveness of the notice is the sole liability of the owner for failure to give notice to a person under subdivision (a).
(d) For the purpose of this section, “owner” means a person who has an interest in real property, or the person’s successor in interest on the date a notice of completion or notice of cessation is recorded, who causes a building, improvement, or structure, to be constructed, altered, or repaired on the property. If the property is owned by two or more persons as joint tenants or tenants in common, any one or more of the cotenants may be deemed to be the “owner” within the meaning of this section. However, this section does not apply to any of the following owners:
(1) A person that occupies the real property as a personal residence, if the dwelling contains four or fewer residential units.
(2) A person that has a security interest in the property.
(3) A person that obtains an interest in the property pursuant to a transfer described in subdivision (b), (c), or (d) of Section 1102.2.
(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 8200.

8200. (a) Except as otherwise provided by statute, before recording a lien claim, 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 owner or reputed owner.
(2) The direct contractor or reputed direct contractor to which the claimant provides work, either directly or through one or more subcontractors.
(3) The construction lender or reputed construction lender, if any.
(b) The notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1.
(c) Compliance with this section is a necessary prerequisite to the validity of a lien claim or stop payment notice under this title.
(d) Compliance with this section or with Section 8612 is a necessary prerequisite to the validity of a claim against a payment bond under this title.
(e) Notwithstanding the foregoing subdivisions:
(1) A laborer is not required to give preliminary notice.
(2) A claimant with a direct contractual relationship with an owner or reputed owner is required to give preliminary notice only to the construction lender or reputed 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.)