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.

Section § 8200

Explanation

If you plan to file a lien, issue a stop payment notice, or make a claim against a payment bond for construction work in California, you usually must first send a preliminary notice to three key parties: the property owner, the main contractor, and the construction lender. However, workers (laborers) don't have to send this notice, and if you have a direct contract with the owner, you only need to notify any construction lender. This notice is crucial for your claim to be valid.

(a)CA Civil Law Code § 8200(a) Except as otherwise provided by statute, before recording a lien claim, giving a stop payment notice, or asserting a claim against a payment bond, a claimant shall give preliminary notice to the following persons:
(1)CA Civil Law Code § 8200(a)(1) The owner or reputed owner.
(2)CA Civil Law Code § 8200(a)(2) The direct contractor or reputed direct contractor to which the claimant provides work, either directly or through one or more subcontractors.
(3)CA Civil Law Code § 8200(a)(3) The construction lender or reputed construction lender, if any.
(b)CA Civil Law Code § 8200(b) The notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1.
(c)CA Civil Law Code § 8200(c) Compliance with this section is a necessary prerequisite to the validity of a lien claim or stop payment notice under this title.
(d)CA Civil Law Code § 8200(d) Compliance with this section or with Section 8612 is a necessary prerequisite to the validity of a claim against a payment bond under this title.
(e)CA Civil Law Code § 8200(e) Notwithstanding the foregoing subdivisions:
(1)CA Civil Law Code § 8200(e)(1) A laborer is not required to give preliminary notice.
(2)CA Civil Law Code § 8200(e)(2) A claimant with a direct contractual relationship with an owner or reputed owner is required to give preliminary notice only to the construction lender or reputed construction lender, if any.

Section § 8202

Explanation

This law section explains what must be included in a preliminary notice for construction projects. The notice should describe the work being done and provide an estimated total cost. It must also include a bold statement warning property owners that a lien could be placed on their property, even if they have paid the contractor, if any worker or supplier hasn't been paid. Property owners are advised to get a signed release before paying the contractor. If a subcontractor hasn't paid a laborer, the notice must list the laborer's name and address. Invoices or payroll with the necessary details can replace this notice under certain conditions.

(a)CA Civil Law Code § 8202(a) The preliminary notice shall comply with the requirements of Section 8102, and shall also include:
(1)CA Civil Law Code § 8202(a)(1) A general description of the work to be provided.
(2)CA Civil Law Code § 8202(a)(2) An estimate of the total price of the work provided and to be provided.
(3)CA Civil Law Code § 8202(a)(3) The following statement in boldface type:
NOTICE TO PROPERTY OWNER
EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL, if the person or firm that has given you this notice is not paid in full for labor, service, equipment, or material provided or to be provided to your construction project, a lien may be placed on your property. Foreclosure of the lien may lead to loss of all or part of your property. You may wish to protect yourself against this by (1) requiring your contractor to provide a signed release by the person or firm that has given you this notice before making payment to your contractor, or (2) any other method that is appropriate under the circumstances.
This notice is required by law to be served by the undersigned as a statement of your legal rights. This notice is not intended to reflect upon the financial condition of the contractor or the person employed by you on the construction project.
If you record a notice of cessation or completion of your construction project, you must within 10 days after recording, send a copy of the notice of completion to your contractor and the person or firm that has given you this notice. The notice must be sent by registered or certified mail. Failure to send the notice will extend the deadline to record a claim of lien. You are not required to send the notice if you are a residential homeowner of a dwelling containing four or fewer units.
(b)CA Civil Law Code § 8202(b) If preliminary notice is given by a subcontractor that has not paid all compensation due to a laborer, the notice shall include the name and address of the laborer and any person or entity described in subdivision (b) of Section 8024 to which payments are due.
(c)CA Civil Law Code § 8202(c) If an invoice for material or certified payroll contains the information required by this section and Section 8102, a copy of the invoice or payroll, given in compliance with the requirements of Chapter 2 (commencing with Section 8100) of Title 1, is sufficient.

Section § 8204

Explanation

If you are working on a construction project in California and want to secure payment, you must send a preliminary notice within 20 days after starting the work. Even if you miss this deadline, you can still send the notice later, but you can only claim payment for work done 20 days before you sent the notice and afterward. This rule also applies to design professionals, like architects, who help plan a project. They must send the preliminary notice within 20 days of the project starting.

(a)CA Civil Law Code § 8204(a) A preliminary notice shall be given not later than 20 days after the claimant has first furnished work on the work of improvement. If work has been provided by a claimant who did not give a preliminary notice, that claimant shall not be precluded from giving a preliminary notice at any time thereafter. The claimant shall, however, be entitled to record a lien, give a stop payment notice, and assert a claim against a payment bond only for work performed within 20 days prior to the service of the preliminary notice, and at any time thereafter.
(b)CA Civil Law Code § 8204(b) A design professional who has furnished services for the design of the work of improvement and who gives a preliminary notice not later than 20 days after the work of improvement has commenced shall be deemed to have complied with Section 8200 with respect to the design services furnished, or to be furnished.

Section § 8206

Explanation
If you are owed payment for work on a construction project, you generally only need to send one preliminary notice to each party who needs to be informed. However, if you have separate agreements with different subcontractors, you must send individual notices for each contract. Your notice should include a broad description of your work, as it will cover future work too, even if it's not explicitly detailed.
(a)CA Civil Law Code § 8206(a) Except as provided in subdivision (b), a claimant need give only one preliminary notice to each person to which notice must be given under this chapter with respect to all work provided by the claimant for a work of improvement.
(b)CA Civil Law Code § 8206(b) If a claimant provides work pursuant to contracts with more than one subcontractor, the claimant shall give a separate preliminary notice with respect to work provided pursuant to each contract.
(c)CA Civil Law Code § 8206(c) A preliminary notice that contains a general description of work provided by the claimant through the date of the notice also covers work provided by the claimant after the date of the notice whether or not they are within the scope of the general description contained in the notice.

Section § 8208

Explanation

If you're working directly with a contractor in California and want to provide them with a preliminary notice, the contractor must give you two things: the owner’s name and address, and if there’s a lender involved in the construction, their name and address, too.

A direct contractor shall make available to any person seeking to give preliminary notice the following information:
(a)CA Civil Law Code § 8208(a) The name and address of the owner.
(b)CA Civil Law Code § 8208(b) The name and address of the construction lender, if any.

Section § 8210

Explanation

This law requires that if a property owner gets a construction loan after starting a building project, they must inform everyone who's already sent them a preliminary notice about the lender's name and address.

If one or more construction loans are obtained after commencement of a work of improvement, the owner shall give notice of the name and address of the construction lender or lenders to each person that has given the owner preliminary notice.

Section § 8212

Explanation

This law says that if an owner makes an agreement to give up their rights under this chapter, that agreement doesn't count and can't be enforced.

An agreement made or entered into by an owner whereby the owner agrees to waive the rights conferred on the owner by this chapter is void and unenforceable.

Section § 8214

Explanation

If you serve a preliminary notice for a construction-related lien, you can file that notice with your county recorder. When a project is finished or stopped, the county recorder should notify you if you filed the preliminary notice. They aren’t required to make sure you get these notifications, and it doesn’t change how quickly you need to file a lien if needed. Recorders must try to send notifications quickly, but if they don’t, it doesn’t affect your rights. Preliminary notices are only for receiving notifications and don’t alert others about your rights or claims. After two years, these documents can be destroyed. These notices aren't part of official records that alert others to legal claims.

(a)CA Civil Law Code § 8214(a) Each person who has served a preliminary notice may file the preliminary notice with the county recorder. A preliminary notice filed pursuant to this section shall comply with the requirements of Section 8102.
(b)CA Civil Law Code § 8214(b) Upon the acceptance for recording of a notice of completion or notice of cessation the county recorder shall mail to those persons who have filed a preliminary notice, notification that a notice of completion or notice of cessation has been recorded on the property, and shall affix the date that the notice of completion or notice of cessation was recorded with the county recorder. The notification given by the county recorder under this section is not governed by the requirements of Chapter 2 (commencing with Section 8100) of Title 1.
(c)CA Civil Law Code § 8214(c) The failure of the county recorder to mail the notification to the person who filed a preliminary notice, or the failure of those persons to receive the notification or to receive complete notification, shall not affect the period within which a claim of lien is required to be recorded. However, the county recorder shall make a good faith effort to mail notification to those persons who have filed the preliminary notice under this section and to do so within five days after the recording of a notice of completion or notice of cessation.
(d)CA Civil Law Code § 8214(d) The county recorder may cause to be destroyed all documents filed pursuant to this section, two years after the date of filing.
(e)CA Civil Law Code § 8214(e) The preliminary notice that a person may file pursuant to this section is for the limited purpose of facilitating the mailing of notice by the county recorder of recorded notices of completion and notices of cessation. The notice that is filed is not a recordable document and shall not be entered into those official records of the county which by law impart constructive notice. Notwithstanding any other provision of law, the index maintained by the recorder of filed preliminary notices shall be separate and distinct from those indexes maintained by the county recorder of those official records of the county which by law impart constructive notice. The filing of a preliminary notice with the county recorder does not give rise to any actual or constructive notice with respect to any party of the existence or contents of a filed preliminary notice nor to any duty of inquiry on the part of any party as to the existence or contents of that notice.

Section § 8216

Explanation

This law says that if a subcontractor is supposed to be paid more than $400 on a construction job and doesn't give a required notice, they can face disciplinary actions under the licensing laws for contractors.

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), the failure of that subcontractor, licensed under the Contractors’ State License Law (Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code), to give the notice provided for in this chapter, constitutes grounds for disciplinary action under the Contractors’ State License Law.

Section § 9200

Explanation

This law section explains when a construction project is considered complete. It can be when the responsible public entity accepts the work, or when there is a 60-day pause in work. However, the 60-day rule doesn't apply to certain state contracts.

For the purpose of this title, completion of a work of improvement occurs at the earliest of the following times:
(a)CA Civil Law Code § 9200(a) Acceptance of the work of improvement by the public entity.
(b)CA Civil Law Code § 9200(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.

Section § 9202

Explanation

This law allows a public entity to record a formal notice when work on a project has stopped for at least 30 days. The notice has to be signed by the public entity or someone they authorize. It must include specific details, like when the work stopped and a statement confirming that work hadn't resumed by the time the notice was recorded, following certain rules in another section of the law.

(a)CA Civil Law Code § 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.
(b)CA Civil Law Code § 9202(b) The notice shall be signed and verified by the public entity or its agent.
(c)CA Civil Law Code § 9202(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:
(1)CA Civil Law Code § 9202(c)(1) The date on or about which the labor ceased.
(2)CA Civil Law Code § 9202(c)(2) A statement that the cessation has continued until the recordation of the notice.

Section § 9204

Explanation

This law allows a public entity to file a notice that construction work has been completed, but it must be done within 15 days of finishing the work. The notice needs to be signed and verified by the entity or its representative. While the notice must follow specific requirements and state the completion date, any mistake in the date won't invalidate the notice if the actual completion was within the 15 days before the notice was recorded.

(a)CA Civil Law Code § 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)CA Civil Law Code § 9204(b) The notice shall be signed and verified by the public entity or its agent.
(c)CA Civil Law Code § 9204(c) The notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1, and shall also include the date of completion. An erroneous statement of the date of completion does not affect the effectiveness of the notice if the true date of completion is 15 days or less before the date of recordation of the notice.

Section § 9208

Explanation
This law states that if you correctly fill out and verify a notice of completion with all the necessary details, it can be recorded officially without needing further acknowledgment. The recorder must accept and file it as such.
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 and is deemed duly recorded without acknowledgment.