BlackletterCalifornia law

TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000. - 9566.]

Title 3 added by Stats. 2010, Ch. 697, Sec. 20.

§§ 9000–9566 · 45 sections

  1. CHAPTER 1. General Provisions §§ 9000–9100 · 2 sections
    1. ARTICLE 1. Application of Title § 9000 · 1 section
      • § 9000 This title applies to a work of improvement contracted for by a public entity.
    2. 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…
  2. 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…
  3. 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),…
  4. CHAPTER 4. Stop Payment Notice §§ 9350–9510 · 26 sections
    1. 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…
    2. 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…
    3. 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,…
    4. 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…
  5. 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…