Section § 8100

Explanation

This law section says that any required notices must be provided in writing, which can include printed or typed documents.

Notice under this part shall be in writing. Writing includes printing and typewriting.

Section § 8102

Explanation

This section explains what must be included in a notice related to construction claims in California. When sending this notice, you need to include the names and addresses of the project owner, the main contractor, any construction lender, and the site details. Also, identify yourself and describe your relationship to the parties. If you are a claimant, state what work you did, who it was for, and how much you are claiming. The notice is still valid even if there are minor errors as long as it substantially provides the necessary information.

(a)CA Civil Law Code § 8102(a) Notice under this part shall, in addition to any other information required by statute for that type of notice, include all of the following information to the extent known to the person giving the notice:
(1)CA Civil Law Code § 8102(a)(1) The name and address of the owner or reputed owner.
(2)CA Civil Law Code § 8102(a)(2) The name and address of the direct contractor.
(3)CA Civil Law Code § 8102(a)(3) The name and address of the construction lender, if any.
(4)CA Civil Law Code § 8102(a)(4) A description of the site sufficient for identification, including the street address of the site, if any. If a sufficient legal description of the site is given, the effectiveness of the notice is not affected by the fact that the street address is erroneous or is omitted.
(5)CA Civil Law Code § 8102(a)(5) The name, address, and relationship to the parties of the person giving the notice.
(6)CA Civil Law Code § 8102(a)(6) If the person giving the notice is a claimant:
(A)CA Civil Law Code § 8102(a)(6)(A) A general statement of the work provided.
(B)CA Civil Law Code § 8102(a)(6)(B) The name of the person to or for whom the work is provided.
(C)CA Civil Law Code § 8102(a)(6)(C) A statement or estimate of the claimant’s demand, if any, after deducting all just credits and offsets.
(b)CA Civil Law Code § 8102(b) Notice is not invalid by reason of any variance from the requirements of this section if the notice is sufficient to substantially inform the person given notice of the information required by this section and other information required in the notice.

Section § 8104

Explanation

If a contractor or subcontractor hires a worker for a construction project and doesn't pay them on time, they need to notify several people, including the worker, any union representative, the lender, and the project owner. This notice must include details like the worker's name and address, hours worked, and the amount owed. If the contractor fails to provide this notification, they could face disciplinary actions.

(a)CA Civil Law Code § 8104(a) A direct contractor or subcontractor on a work of improvement governed by this part that employs a laborer and fails to pay the full compensation due the laborer, including any employer payments described in Section 1773.1 of the Labor Code and implementing regulations, shall not later than the date the compensation became delinquent, give the laborer, the laborer’s bargaining representative, if any, the construction lender or reputed construction lender, if any, and the owner or reputed owner, notice that includes all of the following information, in addition to the information required by Section 8102:
(1)CA Civil Law Code § 8104(a)(1) The name and address of the laborer, and of any person or entity described in subdivision (b) of Section 8024 to which employer payments are due.
(2)CA Civil Law Code § 8104(a)(2) The total number of straight time and overtime hours worked by the laborer on each job.
(3)CA Civil Law Code § 8104(a)(3) The amount then past due and owing.
(b)CA Civil Law Code § 8104(b) Failure to give the notice required by subdivision (a) constitutes grounds for disciplinary action under the Contractors’ State License Law, Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code.

Section § 8106

Explanation

This law explains the different ways you can give someone official notice, unless another law says differently. You can deliver it personally, send it by mail following specific instructions in another section, or leave it at their location and mail a copy, using a method similar to delivering a legal summons.

Except as otherwise provided by statute, notice under this part shall be given by any of the following means:
(a)CA Civil Law Code § 8106(a) Personal delivery.
(b)CA Civil Law Code § 8106(b) Mail in the manner provided in Section 8110.
(c)CA Civil Law Code § 8106(c) Leaving the notice and mailing a copy in the manner provided in Section 415.20 of the Code of Civil Procedure for service of summons and complaint in a civil action.

Section § 8108

Explanation

This law explains how to properly notify people involved in construction projects, such as owners, public entities, construction lenders, contractors, subcontractors, claimants, and sureties. Notifications should be sent to specific addresses, like those listed on agreements, permits, or official records. Each type of recipient has a specific place where they should receive notices. For instance, a public entity should receive notices at their office or a specified address, while a construction lender's address is found in the loan agreement or trust deed.

Except as otherwise provided by this part, notice under this part shall be given to the person to be notified at the person’s residence, the person’s place of business, or at any of the following addresses:
(a)CA Civil Law Code § 8108(a) If the person to be notified is an owner other than a public entity, the owner’s address shown on the direct contract, the building permit, or a construction trust deed.
(b)CA Civil Law Code § 8108(b) If the person to be notified is a public entity, the office of the public entity or another address specified by the public entity in the contract or elsewhere for service of notices, papers, and other documents.
(c)CA Civil Law Code § 8108(c) If the person to be notified is a construction lender, the construction lender’s address shown on the construction loan agreement or construction trust deed.
(d)CA Civil Law Code § 8108(d) If the person to be notified is a direct contractor or a subcontractor, the contractor’s address shown on the building permit, on the contractor’s contract, or on the records of the Contractors’ State License Board.
(e)CA Civil Law Code § 8108(e) If the person to be notified is a claimant, the claimant’s address shown on the claimant’s contract, preliminary notice, claim of lien, stop payment notice, or claim against a payment bond, or on the records of the Contractors’ State License Board.
(f)CA Civil Law Code § 8108(f) If the person to be notified is a surety on a bond, the surety’s address shown on the bond for service of notices, papers, and other documents, or on the records of the Department of Insurance.

Section § 8110

Explanation

If you're required to send a notice by mail according to this law, you generally need to use registered mail, certified mail, express mail, or an overnight delivery service.

Except as otherwise provided by this part, notice by mail under this part shall be given by registered or certified mail, express mail, or overnight delivery by an express service carrier.

Section § 8114

Explanation
Any notice that must be posted according to this part of the law has to be clearly visible at the location where it's required to be posted.
A notice required by this part to be posted shall be displayed in a conspicuous location at the site.

Section § 8116

Explanation
This law explains when a notice is officially considered given. For personal delivery, it's when the document is handed over. If mailed or sent by express service, it's official once it's dropped in the mailbox or with the carrier. When both leaving the notice and mailing a copy, it's considered given five days after mailing. For notices displayed publicly, it's immediate upon posting. Lastly, if recorded with official county records, it's when it's filed there.
Notice under this part is complete and deemed to have been given at the following times:
(a)CA Civil Law Code § 8116(a) If given by personal delivery, when delivered.
(b)CA Civil Law Code § 8116(b) If given by mail, when deposited in the mail or with an express service carrier in the manner provided in Section 1013 of the Code of Civil Procedure.
(c)CA Civil Law Code § 8116(c) If given by leaving the notice and mailing a copy in the manner provided in Section 415.20 of the Code of Civil Procedure for service of summons in a civil action, five days after mailing.
(d)CA Civil Law Code § 8116(d) If given by posting, when displayed.
(e)CA Civil Law Code § 8116(e) If given by recording, when recorded in the office of the county recorder.

Section § 8118

Explanation

This section explains how to prove that you have given someone notice as required by law. You need to provide a declaration that includes the type of notice, when and how it was given, and to whom. If you send the notice by mail, you must include evidence such as a payment receipt for registered or certified mail, or tracking records showing delivery or attempted delivery.

(a)CA Civil Law Code § 8118(a) Proof that notice was given to a person in the manner required by this part shall be made by a proof of notice declaration that states all of the following:
(1)CA Civil Law Code § 8118(a)(1) The type or description of the notice given.
(2)CA Civil Law Code § 8118(a)(2) The date, place, and manner of notice, and facts showing that notice was given in the manner required by statute.
(3)CA Civil Law Code § 8118(a)(3) The name and address of the person to which notice was given, and, if appropriate, the title or capacity in which the person was given notice.
(b)CA Civil Law Code § 8118(b) If the notice is given by mail, the declaration shall be accompanied by one of the following:
(1)CA Civil Law Code § 8118(b)(1) Documentation provided by the United States Postal Service showing that payment was made to mail the notice using registered or certified mail, or express mail.
(2)CA Civil Law Code § 8118(b)(2) Documentation provided by an express service carrier showing that payment was made to send the notice using an overnight delivery service.
(3)CA Civil Law Code § 8118(b)(3) A return receipt, delivery confirmation, signature confirmation, tracking record, or other proof of delivery or attempted delivery provided by the United States Postal Service, or a photocopy of the record of delivery and receipt maintained by the United States Postal Service, showing the date of delivery and to whom delivered, or in the event of nondelivery, by the returned envelope itself.
(4)CA Civil Law Code § 8118(b)(4) A tracking record or other documentation provided by an express service carrier showing delivery or attempted delivery of the notice.

Section § 8119

Explanation

This law explains how notices and claims related to construction or improvements on common areas in a housing development, known as a 'common interest development,' should be handled. It says that the homeowners' association acts on behalf of all individual property owners when such notices need to be sent or claims need to be made. If there's a requirement to notify or serve the owner of the common area, this can be done by notifying the association instead. Also, it points to other sections for definitions of specific terms like 'association' and 'common interest development.'

(a)CA Civil Law Code § 8119(a) With respect to a work of improvement on a common area within a common interest development: (1) The association is deemed to be an agent of the owners of separate interests in the common interest development for all notices and claims required by this part. (2) If any provision of this part requires the delivery or service of a notice or claim to or on the owner of common area property, the notice or claim may be delivered to or served on the association.
(b)CA Civil Law Code § 8119(b) For the purposes of this section, the terms “association,” “common area,” “common interest development,” and “separate interest” have the meanings provided in Article 2 (commencing with Section 4075) of Chapter 1 of Part 5 and Article 2 (commencing with Section 6526) of Chapter 1 of Part 5.3.