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California Laws | Civil Code
EFFECT OF THE 1872 CODES (23-23.6)
DIVISION 4. GENERAL PROVISIONS

8834. A direct contractor that gives an owner a stop work notice shall give the following additional notice: (17361)

(a) At least five days before giving the stop work notice, the contractor shall post notice of intent to give a stop work notice. The notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1. In addition to posting the notice pursuant to Section 8114, the notice shall also be posted at the main office of the site, if one exists. (17362)

(b) At the same time the contractor gives the stop work notice, the contractor shall give a copy of the stop work notice to all subcontractors with whom the contractor has a direct contractual relationship on the work of improvement. (17363)

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. The copy of the notice shall be given in compliance with the requirements of Chapter 2 (commencing with Section 8100) of Title 1. (17364)

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 or a contractor of a subcontractor may suffer as a result of the direct contractor giving a stop work notice and subsequently stopping work for nonpayment, if the notice and posting requirements of this article are satisfied. (17365)

(b) A direct contractor's or original subcontractor's liability to a subcontractor or material supplier after the direct contractor stops work under this article is limited to the amount the subcontractor or material supplier could otherwise recover under this title for work provided up to the date the subcontractor or material supplier ceases work, subject to the following exceptions: (17366)

(1) The direct contractor's or original subcontractor's liability continues for work provided up to and including the 10-day notice period and not beyond. (17367)

(2) This subdivision does not limit liability for custom work, including materials that have been fabricated, manufactured, or ordered to specifications that are unique to the job. (17368)

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 subcontractors with whom the contractor has a direct contractual relationship on the work of improvement, notice of the resolution or cancellation. The notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1. In addition to posting the notice pursuant to Section 8114, the notice shall also be posted at the main office of the site, if one exists. (17369)

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. (17370)

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 owner may in an expedited proceeding in the superior court in the county in which the private work of improvement is located, seek a judicial determination of liability for the amount due. (17371)

(b) The expedited proceeding shall be set for hearing or trial at the earliest possible date in order that it shall be quickly heard and determined, and shall take precedence over all other cases except older matter of the same character and other matters to which special precedence has been given. (17372)

8846. It is against public policy to waive the provisions of this article by contract. (17373)

8848. (a) This article applies to a contract entered into on or after January 1, 1999. (17374)

(b) This article does not apply to a retention withheld by a lender pursuant to a construction loan agreement. (17375)

TITLE 3. PUBLIC WORK OF IMPROVEMENT (17376)(Text)
CHAPTER 1. GENERAL PROVISIONS (17377)(Text)
Article 1. Application of Title (9000) (17378)(Text)

9000. This title applies to a work of improvement contracted for by a public entity. (17379)

Article 2. Claimants (9100) (17380)(Text)

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 assert a claim against a payment bond: (17381)

(1) A person that provides work for a public works contract, if the work is authorized by a direct contractor, subcontractor, architect, project manager, or other person having charge of all or part of the public works contract. (17382)

(2) A laborer. (17383)

(3) A person described in Section 4107.7 of the Public Contract Code. (17384)

(b) A direct contractor may not give a stop payment notice or assert a claim against a payment bond under this title. (17385)

CHAPTER 2. COMPLETION (9200-9208) (17386)(Text)

9200. For the purpose of this title, completion of a work of improvement occurs at the earliest of the following times: (17387)

(a) Acceptance of the work of improvement by the public entity. (17388)

(b) Cessation of labor on the work of improvement for a continuous period of 60 days. This subdivision does not apply to a contract awarded under the State Contract Act, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. (17389)

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 continues through the date of the recordation. (17390)

(b) The notice shall be signed and verified by the public entity or its agent. (17391)

(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: (17392)

(1) The date on or about which the labor ceased. (17393)

(2) A statement that the cessation has continued until the recordation of the notice. (17394)

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. (17395)

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