CHAPTER 8. Prompt Payment
Chapter 8 added by Stats. 2010, Ch. 697, Sec. 20.
§§ 8800–8851 · 22 sections
ARTICLE 1. Progress Payment §§ 8800–8802 · 2 sections
- § 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…
- § 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…
ARTICLE 2. Retention Payment §§ 8810–8822 · 8 sections
- § 8810 This article governs a retention payment withheld by an owner from a direct contractor or by a direct contractor from a subcontractor.
- § 8811 (a) This section is applicable to a contract relating to a private work of improvement entered into on or after January 1, 2026. (b) (1) (A) A retention…
- § 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…
- § 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…
- § 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…
- § 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…
- § 8820 It is against public policy to waive the provisions of this article by contract.
- § 8822 This article does not apply to a retention payment withheld by a lender pursuant to a construction loan agreement.
ARTICLE 3. Stop Work Notice §§ 8830–8848 · 10 sections
- § 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…
- § 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…
- § 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…
- § 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.…
- § 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…
- § 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…
- § 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.
- § 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…
- § 8846 It is against public policy to waive the provisions of this article by contract.
- § 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…
ARTICLE 4. Claims and Disputes §§ 8850–8851 · 2 sections