Unless the provision or context otherwise requires, the definitions in this article govern the construction of this part.
Article 1Application of Title
Section § 8000
This section states that unless something else is specifically mentioned, the definitions provided in this article should be used to interpret this part of the law.
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Section § 8002
This section defines 'admitted surety insurer' by pointing to its definition in another part of the law, specifically Section 995.120 of the Code of Civil Procedure.
“Admitted surety insurer” has the meaning provided in Section 995.120 of the Code of Civil Procedure.
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Section § 8004
This law defines a 'claimant' as someone who can file a lien, issue a stop payment notice, claim money from a payment bond, or do all these things. Essentially, it refers to anyone who has a legal right to take these specific financial actions.
“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 do any combination of the foregoing.
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Section § 8006
This law defines what a "construction lender" is in two main ways. First, it can be a person or entity like a mortgagee or someone with a deed of trust, who lends money to pay for construction work. Second, it can be an escrow holder or another person managing funds supplied by the owner or another lender to cover construction costs.
“Construction lender” means either of the following:
(a)CA Civil Law Code § 8006(a) A mortgagee or beneficiary under a deed of trust lending funds with which the cost of all or part of a work of improvement is to be paid, or the assignee or successor in interest of the mortgagee or beneficiary.
(b)CA Civil Law Code § 8006(b) An escrow holder or
other person holding funds provided by an owner, lender, or another person as a fund for with which the cost of all or part of a work of improvement is to be paid.
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Section § 8008
This section defines a 'contract' as any agreement made for completing or contributing to a construction or development project.
“Contract” means an agreement that provides for all or part of a work of improvement.
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Section § 8010
The term 'contract price' refers to the amount of money agreed upon in a contract for completing a construction project or similar work.
“Contract price” means the price agreed to in a direct contract for a work of improvement.
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Section § 8012
This law section defines the term "contractor" as including both direct contractors and subcontractors. However, this definition doesn't apply to Sections 8018 and 8046.
“Contractor” includes a direct contractor, subcontractor, or both. This section does not apply to Sections 8018 and 8046.
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Section § 8014
This law defines what a "design professional" is. It includes four types of licensed professionals: architects, landscape architects, professional engineers, and land surveyors, each licensed under specific chapters of the California Business and Professions Code.
“Design professional” means a person licensed as an architect pursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code, licensed as a landscape architect pursuant to Chapter 3.5 (commencing with Section 5615) of Division 3 of the Business and Professions Code, registered as a professional engineer pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the
Business and Professions Code, or licensed as a land surveyor pursuant to Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code.
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Section § 8016
A 'direct contract' refers to an agreement between the owner of a property and the main contractor responsible for carrying out some or all construction work.
“Direct contract” means a contract between an owner and a direct contractor that provides for all or part of a work of improvement.
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Section § 8018
This law defines a 'direct contractor' as someone who has a direct agreement or contract with the property owner. If you see the term 'prime contractor' in this context, it is referring to the same type of contractor.
“Direct contractor” means a contractor that has a direct contractual relationship with an owner. A reference in another statute to a “prime contractor” in connection with the provisions in this part means a “direct contractor.”
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Section § 8020
This section defines 'funds' specifically for public works contracts as including warrants, checks, money, or bonds used for payment purposes.
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 works contract).
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Section § 8022
This law section clarifies that when it mentions 'labor, service, equipment, or material,' it means a wide range of things involved in a construction project. This can be hands-on work, professional skills, services like planning or design, and items or tools like materials and machinery.
“Labor, service, equipment, or material” includes, but is not limited to, labor, skills, services, material, supplies, equipment, appliances, power, and surveying, provided for a work of improvement.
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Section § 8024
This section defines what a 'laborer' is in the context of work improvements. It clarifies that a laborer includes not only employees who physically perform work but also those entities or people who receive part of the laborer's compensation. It also states that these people or entities have the right to enforce legal claims to ensure that the laborers are fully paid for their work. The intention is to uphold the policy that laborers should receive their complete compensation, even if it is paid differently or through another party.
(a)CA Civil Law Code § 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)CA Civil Law Code § 8024(b) “Laborer” includes a person or entity to which a portion of a laborer’s compensation for a work of improvement, including, but not limited to, employer payments described in Section
1773.1 of the Labor Code and implementing regulations, is paid by agreement with that laborer or the collective bargaining agent of that laborer.
(c)CA Civil Law Code § 8024(c) A person or entity described in subdivision (b) that has standing under applicable law to maintain a direct legal action, in its own name or as an assignee, to collect any portion of compensation owed for a laborer for a work of improvement, shall have standing to enforce any rights or claims of the laborer under this part, to the extent of the compensation agreed to be paid to the person or entity for labor on that improvement. This subdivision is intended to give effect to the longstanding public policy of this state to protect the entire compensation of a laborer on a work of improvement, regardless of the form in which that compensation is to be paid.
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Section § 8026
This section defines what a 'lien' means within certain contexts. It includes liens related to design professionals and different types of improvements, like work done on a project or specific site improvements.
“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 improvement under Section 8400, and a lien for a site improvement under Section 8402.
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Section § 8028
In this law, a "material supplier" is someone who provides materials or supplies for a construction or improvement project.
“Material supplier” means a person that provides material or supplies to be used or consumed in a work of improvement.
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Section § 8030
This law section defines what a 'payment bond' is in two different contexts. In the first context, it refers to a bond as described in Section 8600, and in the second context, it refers to a bond required by Section 9550. Essentially, it's clarifying that payment bonds have different definitions based on which part of other laws they are associated with.
(a)CA Civil Law Code § 8030(a) For the purposes of Title 2 (commencing with Section 8160), “payment bond” means a bond given under Section 8600.
(b)CA Civil Law Code § 8030(b) For the purposes of Title 3 (commencing with Section 9000), “payment bond” means a bond required by Section 9550.
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Section § 8032
This section defines what "person" includes under this law. It can refer to a variety of entities like individuals, corporations, public entities, partnerships, and more.
“Person” means an individual, corporation, public entity, business trust, estate, trust, partnership, limited liability company, association, or other entity.
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Section § 8034
This section explains what 'preliminary notice' means in two different parts of California Civil law. In Title 2, it's the notice mentioned starting in Section 8200, and in Title 3, it's the one starting in Section 9300.
(a)CA Civil Law Code § 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) of Title 2.
(b)CA Civil Law Code § 8034(b) For the purposes of Title 3 (commencing with Section 9000), “preliminary notice” means the notice provided for in Chapter 3 (commencing with Section 9300) of Title
3.
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Section § 8036
This section defines a "public entity" in California, which includes the state itself, university regents, counties, cities, districts, public authorities, and any other public organizational bodies within the state.
“Public entity” means the state, Regents of the University of California, a county, city, district, public authority, public agency, and any other political subdivision or public corporation in the state.
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Section § 8038
This section states that the term 'public works contract' is defined by another law, specifically Section 1101 of the Public Contract Code.
“Public works contract” has the meaning provided in Section 1101 of the Public Contract Code.
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Section § 8040
This law defines the word "site" as the piece of land where a construction project is happening or is going to happen.
“Site” means the real property on which a work of improvement is situated or planned.
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Section § 8042
This law defines what is considered 'site improvement' on real property. It includes a wide range of activities like demolishing buildings, removing trees, drilling test holes, grading land, installing sewers, and constructing underground spaces. Essentially, it covers any work done to prepare a site for further development or construction projects.
“Site improvement” means any of the following work on real property:
(a)CA Civil Law Code § 8042(a) Demolition or removal of improvements, trees, or other vegetation.
(b)CA Civil Law Code § 8042(b) Drilling test holes.
(c)CA Civil Law Code § 8042(c) Grading, filling, or otherwise improving the real property or a
street, highway, or sidewalk in front of or adjoining the real property.
(d)CA Civil Law Code § 8042(d) Construction or installation of sewers or other public utilities.
(e)CA Civil Law Code § 8042(e) Construction of areas, vaults, cellars, or rooms under sidewalks.
(f)CA Civil Law Code § 8042(f) Any other work or improvements in preparation of the site for a work of improvement.
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Section § 8044
A 'stop payment notice' is a formal notification given by someone claiming they are owed money, especially in construction projects. These notices can be either 'bonded' (secured with a bond) or 'unbonded' (without a bond). Unless stated otherwise, when the law mentions a stop payment notice, it covers both types. In Title 3, a stop payment notice functions similarly. If another law refers to a 'stop notice' regarding remedies, it refers to this 'stop payment notice.'
(a)Copy CA Civil Law Code § 8044(a)
(1)Copy CA Civil Law Code § 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 Section 8500) of Title 2.
(2)CA Civil Law Code § 8044(a)(2) A stop payment notice given under Title 2 (commencing with Section 8160) may be bonded or unbonded. A “bonded stop payment
notice” is a notice given with a bond under Section 8532. An “unbonded stop payment notice” is a notice not given with a bond under Section 8532.
(3)CA Civil Law Code § 8044(a)(3) Except to the extent Title 2 (commencing with Section 8160) distinguishes between a bonded and an unbonded stop payment notice, a reference in that title to a stop payment notice includes both a bonded and an unbonded notice.
(b)CA Civil Law Code § 8044(b) For the purposes of Title 3 (commencing with Section 9000), “stop payment notice” means the notice given by a claimant under Chapter 4 (commencing with Section 9350) of Title 3.
(c)CA Civil Law Code § 8044(c) A reference in another statute to a “stop notice” in connection with the remedies provided in this part means a stop payment notice.
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Section § 8046
A 'subcontractor' is a contractor hired by another contractor rather than directly by the property owner. This could mean working under the main contractor or another subcontractor on a project.
“Subcontractor” means a contractor that does not have a direct contractual relationship with an owner. The term includes a contractor that has a contractual relationship with a direct contractor or with another subcontractor.
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Section § 8048
In this context, 'work' refers to any labor, services, tools, or supplies that someone provides for a construction or improvement project.
“Work” means labor, service, equipment, or material provided to a work of improvement.
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Section § 8050
This section defines what is considered a "work of improvement." It covers a wide range of activities, including building, altering, or repairing structures like buildings and roads. It also includes landscaping tasks like planting and grading land, and it emphasizes that a "work of improvement" can mean the entire project, not just parts of it, including any work done to prepare the site.
(a)CA Civil Law Code § 8050(a) “Work of improvement” includes, but is not limited to:
(1)CA Civil Law Code § 8050(a)(1) Construction, alteration, repair, demolition, or removal, in whole or in part, of, or addition to, a building, wharf, bridge, ditch, flume, aqueduct, well, tunnel, fence, machinery, railroad, or road.
(2)CA Civil Law Code § 8050(a)(2) Seeding, sodding, or planting of real property for landscaping purposes.
(3)CA Civil Law Code § 8050(a)(3) Filling, leveling, or grading of real property.
(b)CA Civil Law Code § 8050(b) Except as otherwise provided in this part, “work of improvement” means the entire structure or scheme of improvement as a whole, and includes site improvement.
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Section § 8160
This law section applies to construction projects that don't fall under the rules set out in Title 3, starting with Section 9000.
This title applies to a work of improvement that is not governed by Title 3 (commencing with Section 9000) of this part.
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Section § 9000
This law section is about construction or improvement projects that are organized or requested by government bodies.
This title applies to a work of improvement contracted for by a public entity.
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