TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000. - 9566.]
Title 3 added by Stats. 2010, Ch. 697, Sec. 20.
§§ 9000–9566 · 45 sections
CHAPTER 1. General Provisions §§ 9000–9100 · 2 sections
ARTICLE 1. Application of Title § 9000 · 1 section
- § 9000 This title applies to a work of improvement contracted for by a public entity.
ARTICLE 2. Claimants § 9100 · 1 section
- § 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…
CHAPTER 2. Completion §§ 9200–9208 · 4 sections
- § 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…
- § 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…
- § 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…
- § 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…
CHAPTER 3. Preliminary Notice §§ 9300–9306 · 5 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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),…
CHAPTER 4. Stop Payment Notice §§ 9350–9510 · 26 sections
ARTICLE 1. General Provisions §§ 9350–9364 · 8 sections
- § 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…
- § 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…
- § 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)…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 2. Summary Proceeding for Release of Funds §§ 9400–9414 · 8 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 3. Distribution of Funds Withheld §§ 9450–9456 · 4 sections
- § 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…
- § 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…
- § 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…
- § 9456 (a) A stop payment notice takes priority over an assignment by a direct contractor of any amount due or to become due pursuant to a public works contract,…
ARTICLE 4. Enforcement of Payment of Claim Stated in Stop Payment Notice §§ 9500–9510 · 6 sections
- § 9500 (a) A claimant may not enforce payment of the claim stated in a stop payment notice unless the claimant has complied with all of the following conditions: (1)…
- § 9502 (a) The claimant shall commence an action against the public entity and the direct contractor to enforce payment of the claim stated in a stop payment notice…
- § 9504 Within five days after commencement of an action to enforce payment of the claim stated in a stop payment notice, the claimant shall give notice of…
- § 9506 If more than one claimant has given a stop payment notice: (a) Any number of claimants may join in the same enforcement action. (b) If claimants commence…
- § 9508 Notwithstanding Section 583.420 of the Code of Civil Procedure, if an action to enforce payment of the claim stated in a stop payment notice is not brought to…
- § 9510 A stop payment notice ceases to be effective, and the public entity shall release funds withheld, in either of the following circumstances: (a) An action to…
CHAPTER 5. Payment Bond §§ 9550–9566 · 8 sections
- § 9550 (a) A direct contractor that is awarded a public works contract involving an expenditure in excess of twenty-five thousand dollars ($25,000) shall, before…
- § 9552 If a payment bond is not given and approved as required by Section 9550: (a) Neither the public entity awarding the public works contract nor any officer of…
- § 9554 (a) A payment bond shall be in an amount not less than 100 percent of the total amount payable pursuant to the public works contract. The bond shall be in the…
- § 9558 A claimant may commence an action to enforce the liability on the bond at any time after the claimant ceases to provide work, but not later than six months…
- § 9560 (a) In order to enforce a claim against a payment bond, a claimant shall give the preliminary notice provided in Chapter 3 (commencing with Section 9300). (b)…
- § 9562 Notice to the principal and surety under Section 9560 shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1.
- § 9564 (a) A claimant may maintain an action to enforce the liability of a surety on a payment bond whether or not the claimant has given the public entity a stop…
- § 9566 (a) A claimant does not have a right to recover on a payment bond unless the claimant provided work to the direct contractor either directly or through one or…