TITLE 1. WORKS OF IMPROVEMENT GENERALLY [8000. - 8154.]
Title 1 added by Stats. 2010, Ch. 697, Sec. 20.
§§ 8000–8154 · 57 sections
CHAPTER 1. General Provisions §§ 8000–8066 · 34 sections
ARTICLE 1. Definitions §§ 8000–8050 · 26 sections
- § 8000 Unless the provision or context otherwise requires, the definitions in this article govern the construction of this part.
- § 8002 “Admitted surety insurer” has the meaning provided in Section 995.120 of the Code of Civil Procedure.
- § 8004 “Claimant” means a person that has a right under this part to record a claim of lien, give a stop payment notice, or assert a claim against a payment bond, or…
- § 8006 “Construction lender” means either of the following: (a) A mortgagee or beneficiary under a deed of trust lending funds with which the cost of all or part of a…
- § 8008 “Contract” means an agreement that provides for all or part of a work of improvement.
- § 8010 “Contract price” means the price agreed to in a direct contract for a work of improvement.
- § 8012 “Contractor” includes a direct contractor, subcontractor, or both. This section does not apply to Sections 8018 and 8046.
- § 8014 “Design professional” means a person licensed as an architect pursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the Business and…
- § 8016 “Direct contract” means a contract between an owner and a direct contractor that provides for all or part of a work of improvement.
- § 8018 “Direct contractor” means a contractor that has a direct contractual relationship with an owner. A reference in another statute to a “prime contractor” in…
- § 8020 For the purposes of Title 3 (commencing with Section 9000), “funds” means warrant, check, money, or bonds (if bonds are to be issued in payment of the public…
- § 8022 “Labor, service, equipment, or material” includes, but is not limited to, labor, skills, services, material, supplies, equipment, appliances, power, and…
- § 8024 (a) “Laborer” means a person who, acting as an employee, performs labor upon, or bestows skill or other necessary services on, a work of improvement. (b)…
- § 8026 “Lien” means a lien under Title 2 (commencing with Section 8160) and includes a lien of a design professional under Section 8302, a lien for a work of…
- § 8028 “Material supplier” means a person that provides material or supplies to be used or consumed in a work of improvement.
- § 8030 (a) For the purposes of Title 2 (commencing with Section 8160), “payment bond” means a bond given under Section 8600. (b) For the purposes of Title 3…
- § 8032 “Person” means an individual, corporation, public entity, business trust, estate, trust, partnership, limited liability company, association, or other entity.
- § 8034 (a) For the purposes of Title 2 (commencing with Section 8160), “preliminary notice” means the notice provided for in Chapter 2 (commencing with Section 8200)…
- § 8036 “Public entity” means the state, Regents of the University of California, a county, city, district, public authority, public agency, and any other political…
- § 8038 “Public works contract” has the meaning provided in Section 1101 of the Public Contract Code.
- § 8040 “Site” means the real property on which a work of improvement is situated or planned.
- § 8042 “Site improvement” means any of the following work on real property: (a) Demolition or removal of improvements, trees, or other vegetation. (b) Drilling test…
- § 8044 (a) (1) For the purposes of Title 2 (commencing with Section 8160), “stop payment notice” means the notice given by a claimant under Chapter 5 (commencing with…
- § 8046 “Subcontractor” means a contractor that does not have a direct contractual relationship with an owner. The term includes a contractor that has a contractual…
- § 8048 “Work” means labor, service, equipment, or material provided to a work of improvement.
- § 8050 (a) “Work of improvement” includes, but is not limited to: (1) Construction, alteration, repair, demolition, or removal, in whole or in part, of, or addition…
ARTICLE 2. Miscellaneous Provisions §§ 8052–8066 · 8 sections
- § 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…
- § 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…
- § 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…
- § 8058 For purposes of this part, “day” means a calendar day.
- § 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…
- § 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…
- § 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…
- § 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…
CHAPTER 2. Notice §§ 8100–8119 · 10 sections
- § 8100 Notice under this part shall be in writing. Writing includes printing and typewriting.
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 8114 A notice required by this part to be posted shall be displayed in a conspicuous location at the site.
- § 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…
- § 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…
- § 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…
CHAPTER 3. Waiver and Release §§ 8120–8138 · 10 sections
- § 8120 The provisions of this chapter apply to a work of improvement governed by this part.
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
CHAPTER 4. Bonds §§ 8150–8154 · 3 sections
- § 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…
- § 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,…
- § 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…