Section § 8052

Explanation

This section clarifies when the rules in this part became active: July 1, 2012. It also states that any notices or actions about construction work taken before that date follow the older laws. Additionally, if a rule here is similar to an older one, it's considered a continuation, not a new law.

(a)CA Civil Law Code § 8052(a) This part is operative on July 1, 2012.
(b)CA Civil Law Code § 8052(b) Notwithstanding subdivision (a), the effectiveness of a notice given or other action taken on a work of improvement before July 1, 2012, is governed by the applicable law in effect before July 1, 2012, and not by this part.
(c)CA Civil Law Code § 8052(c) A provision of this part, insofar as it is substantially the same as a previously existing provision relating to the same subject matter, shall be construed as a restatement and continuation thereof and not as a new enactment.

Section § 8054

Explanation

This section explains that the rules in this part do not apply to certain types of transactions. It specifically mentions that the rules don't cover transactions under the Oil and Gas Lien Act, anything involving improvement security under the Subdivision Map Act, or certain transactions under specific sections of the Public Contract Code.

(a)CA Civil Law Code § 8054(a) This part does not apply to a transaction governed by the Oil and Gas Lien Act (Chapter 2.5 (commencing with Section 1203.50) of Title 4 of Part 3 of the Code of Civil Procedure).
(b)CA Civil Law Code § 8054(b) This part does not apply to or change improvement security under the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code).
(c)CA Civil Law Code § 8054(c) This part does not apply to a transaction governed by Sections 20457 to 20464, inclusive, of the Public Contract Code.

Section § 8056

Explanation

This section states that, unless there is a specific rule mentioned in this part, the procedures for legal proceedings should follow the guidelines set by Part 2 of the Code of Civil Procedure, starting with Section 307.

Except as otherwise provided in this part, Part 2 (commencing with Section 307) of the Code of Civil Procedure provides the rules of practice in proceedings under this part.

Section § 8058

Explanation

This law defines 'day' as a regular calendar day, not a business day, for this part of the legal code.

For purposes of this part, “day” means a calendar day.

Section § 8060

Explanation

If you need to file or record certain documents like contracts, liens, or bonds related to construction or improvements on a piece of property, you have to do it at the county recorder's office where the work is being done. The county recorder is in charge of numbering and organizing these documents just like they do with property ownership records. They also have a set fee for these services, which is outlined in a different part of the government code.

(a)CA Civil Law Code § 8060(a) If this part provides for filing a contract, plan, or other paper with the county recorder, the provision is satisfied by filing the paper in the office of the county recorder of the county in which the work of improvement or part of it is situated.
(b)CA Civil Law Code § 8060(b) If this part provides for recording a notice, claim of lien, release of lien, payment bond, or other paper, the provision is satisfied by filing the paper for record in the office of the county recorder of the county in which the work of improvement or part of it is situated.
(c)CA Civil Law Code § 8060(c) The county recorder shall number, index, and preserve a contract, plan, or other paper presented for filing under this part, and shall number, index, and transcribe into the official records, in the same manner as a conveyance of real property, a notice, claim of lien, payment bond, or other paper recorded under this part.
(d)CA Civil Law Code § 8060(d) The county recorder shall charge and collect the fees provided in Article 5 (commencing with Section 27360) of Chapter 6 of Part 3 of Division 2 of Title 3 of the Government Code for performing duties under this section.

Section § 8062

Explanation

This law states that if an owner follows the rules and acts in good faith, it won't interfere with a contractor completing their work or release a surety from their obligations under a performance or payment bond.

No act of an owner in good faith and in compliance with a provision of this part shall be construed to prevent a direct contractor’s performance of the contract, or exonerate a surety on a performance or payment bond.

Section § 8064

Explanation

If you and someone else own something together, you can send a notice or fill out paperwork on their behalf, as long as you clearly state their name and address in the materials you submit.

An owner may give a notice or execute or file a document under this part on behalf of a co-owner if the owner acts on the co-owner’s behalf and includes in the notice or document the name and address of the co-owner on whose behalf the owner acts.

Section § 8066

Explanation

If a task is allowed to be done by or for someone according to this law, their agent can do it instead, as long as it's within the limits of what they're officially allowed to do.

An act that may be done by or to a person under this part may be done by or to the person’s agent to the extent the act is within the scope of the agent’s authority.

Section § 8170

Explanation

When creating a written direct contract for construction, there must be a section where the owner can fill in their name, address, business details, and the construction lender's information if applicable. However, this requirement about the lender doesn't apply to certain types of contracts like home improvements or pool installations. Additionally, contracts between direct contractors and subcontractors, or among subcontractors, must include the names and addresses of the owner, the direct contractor, and any involved construction lender.

(a)CA Civil Law Code § 8170(a) A written direct contract shall provide a space for the owner to enter the following information:
(1)CA Civil Law Code § 8170(a)(1) The owner’s name, address, and place of business, if any.
(2)CA Civil Law Code § 8170(a)(2) The name and address of the construction lender, if any. This paragraph does not apply to a home improvement contract or swimming pool contract subject to Article 10 (commencing with Section 7150) of Chapter 9 of Division 3 of the Business and Professions Code.
(b)CA Civil Law Code § 8170(b) A written contract entered into between a direct contractor and subcontractor, or between subcontractors, shall provide a space for the name and address of the owner, direct contractor, and construction lender, if any.

Section § 8172

Explanation

When you're applying for a building permit, the form will ask for the name and address of your construction lender, if you have one. The city or county keeps this information available for public viewing. If there isn't a construction lender, just mention that on the form. Even if you don't list a lender on the permit, it doesn't give you a pass on notifying the lender if you're supposed to.

(a)CA Civil Law Code § 8172(a) A public entity that issues building permits shall, in its application form for a building permit, provide space and a designation for the applicant to enter the name, branch designation, if any, and address of the construction lender and shall keep the information on file open for public inspection during the regular business hours of the public entity.
(b)CA Civil Law Code § 8172(b) If there is no known construction lender, the applicant shall note that fact in the designated space.
(c)CA Civil Law Code § 8172(c) Failure of the applicant to indicate the name and address of the construction lender on the application does not relieve a person required to give the construction lender preliminary notice from that duty.

Section § 8174

Explanation

This law requires that any loan used for construction must be clearly labeled as a "Construction Trust Deed" on the mortgage or deed paperwork. It should include the construction lender's and property owner's names and addresses, as well as a description of the property. If this label is missing, it doesn't invalidate the loan or relieve anyone from needing to give notice about the construction. Additionally, the county recorder must note that the loan is for construction purposes in their records.

(a)CA Civil Law Code § 8174(a) A mortgage, deed of trust, or other instrument securing a loan, any of the proceeds of which may be used for a work of improvement, shall bear the designation “Construction Trust Deed” prominently on its face and shall state all of the following:
(1)CA Civil Law Code § 8174(a)(1) The name and address of the construction lender.
(2)CA Civil Law Code § 8174(a)(2) The name and address of the owner of the real property described in the instrument.
(3)CA Civil Law Code § 8174(a)(3) A legal description of the real property that secures the loan and, if known, the street address of the property.
(b)CA Civil Law Code § 8174(b) Failure to comply with subdivision (a) does not affect the validity of the mortgage, deed of trust, or other instrument.
(c)CA Civil Law Code § 8174(c) Failure to comply with subdivision (a) does not relieve a person required to give preliminary notice from that duty.
(d)CA Civil Law Code § 8174(d) The county recorder of the county in which the instrument is recorded shall indicate in the general index of the official records of the county that the instrument secures a construction loan.

Section § 9100

Explanation

This section states that if certain people working on a public works project haven't been fully paid, they can send a stop payment notice to the public entity in charge or claim against a payment bond. These people include anyone authorized to work by those in charge of the project, individual laborers, or specific persons defined in another legal section. However, contractors who are directly responsible for the contract cannot use these options.

(a)CA Civil Law Code § 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:
(1)CA Civil Law Code § 9100(a)(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.
(2)CA Civil Law Code § 9100(a)(2) A laborer.
(3)CA Civil Law Code § 9100(a)(3) A person described in Section 4107.7 of the Public Contract Code.
(b)CA Civil Law Code § 9100(b) A direct contractor may not give a stop payment notice or assert a claim against a payment bond under this title.