Civil Code — Part 20 | CIV — United States — California law | Esheria

Civil Code

Part 20 of 20 · provisions 3,801–3,922

This section names the act the Civil Code of the State of California and says it is divided into four parts.

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Occupancy can create title, but that title is subject to listed superior claims and does not by itself let the occupant bring or keep a quiet title action unless prescription has matured the title. Occupancy for the time required by the Code of Civil Procedure can create title by prescription, except for property dedicated to public use or owned by the state or a public entity. A use of land does not become a prescriptive easement if the owner posts notice signs at each entrance or every 200 feet along the boundary. Public use of private property does not create a permanent vested right unless there is an express written irrevocable offer of dedication that is accepted as required; special rules apply to certain coastal property. A person who in good faith and by mistake affixes improvements to another’s land may remove them, but must pay damages as required.

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Provisions of Civil Code

Showing 122 of 3,922

  1. 887.030.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 7. Abandoned Easements [887.010 - 887.090] ( Chapter 7 added by Stats. 1985, Ch. 157, Sec. 2. )

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    This chapter is supplemental only; it does not limit or otherwise change the common law or other statutory procedures for clearing an abandoned easement from title to real property.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 7. Abandoned Easements [887.010 - 887.090] ( Chapter 7 added by Stats. 1985, Ch. 157, Sec. 2. ) ## 887.030. This chapter supplements and does not limit or otherwise affect the common law governing abandonment of an easement or any other procedure provided by statute or otherwise for clearing an abandoned easement from title to real property. (Added by Stats. 1985, Ch. 157, Sec. 2.)
  2. 887.040.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 7. Abandoned Easements [887.010 - 887.090] ( Chapter 7 added by Stats. 1985, Ch. 157, Sec. 2. )

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    The owner of property subject to an easement may sue to establish abandonment and clear the easement from record title, and the action must be filed in the superior court of the county where the property is located.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 7. Abandoned Easements [887.010 - 887.090] ( Chapter 7 added by Stats. 1985, Ch. 157, Sec. 2. ) ## 887.040. (a) The owner of real property subject to an easement may bring an action to establish the abandonment of the easement and to clear record title of the easement. (b) The action shall be brought in the superior court of the county in which the real property subject to the easement is located. (c) The action shall be brought in the same manner and shall be subject to the same procedure as an action to quiet title pursuant to Chapter 4 (commencing with Section 760.010) of Title 10 of Part 2 of the Code of Civil Procedure, to the extent applicable. (Added by Stats. 1985, Ch. 157, Sec. 2.)
  3. 887.050.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 7. Abandoned Easements [887.010 - 887.090] ( Chapter 7 added by Stats. 1985, Ch. 157, Sec. 2. )

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    An easement is treated as abandoned if, for 20 years before an abandonment action, it is unused, has no separate tax assessment or unpaid taxes, and no related instrument is recorded.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 7. Abandoned Easements [887.010 - 887.090] ( Chapter 7 added by Stats. 1985, Ch. 157, Sec. 2. ) ## 887.050. (a) For purposes of this chapter, an easement is abandoned if all of the following conditions are satisfied for a period of 20 years immediately preceding commencement of the action to establish abandonment of the easement: (1) The easement is not used at any time. (2) No separate property tax assessment is made of the easement or, if made, no taxes are paid on the assessment. (3) No instrument creating, reserving, transferring, or otherwise evidencing the easement is recorded. (b) This section applies notwithstanding any provision to the contrary in the instrument creating, reserving, transferring, or otherwise evidencing the easement or in another recorded document, unless the instrument or other document provides an earlier expiration date. (Added by Stats. 1985, Ch. 157, Sec. 2.)
  4. 887.060.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 7. Abandoned Easements [887.010 - 887.090] ( Chapter 7 added by Stats. 1985, Ch. 157, Sec. 2. )

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    An easement owner may record a notice of intent to preserve the easement, and recording that notice can prevent the easement from being treated as abandoned.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 7. Abandoned Easements [887.010 - 887.090] ( Chapter 7 added by Stats. 1985, Ch. 157, Sec. 2. ) ## 887.060. (a) The owner of an easement may at any time record a notice of intent to preserve the easement. (b) In lieu of the statement of the character of the interest claimed and the record location of the documents creating or evidencing the easement claimed, as otherwise required by paragraph (2) of subdivision (b) of Section 880.330, and in lieu of the legal description of the real property in which the interest is claimed, as otherwise required by paragraph (3) of subdivision (b) of Section 880.330, and notwithstanding the provisions of Section 880.340, or any other provision in this title, a notice of intent to preserve an easement may refer generally and without specificity to any or all easements claimed by the claimant in any real property situated in the county. (c) An easement is not abandoned for purposes of this chapter if either of the following occurs: (1) A notice of intent to preserve the easement is recorded within 20 years immediately preceding commencement of the action to establish the abandonment of the easement. (2) A notice of intent to preserve the easement is recorded pursuant to Section 887.070 after commencement of the action to establish the abandonment of the easement and before judgment is entered in the action. (Added by Stats. 1985, Ch. 157, Sec. 2.)
  5. 887.070.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 7. Abandoned Easements [887.010 - 887.090] ( Chapter 7 added by Stats. 1985, Ch. 157, Sec. 2. )

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    In an abandonment action for an easement, the court must allow the easement owner to file a late notice to preserve the easement if the required litigation expenses are paid into court.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 7. Abandoned Easements [887.010 - 887.090] ( Chapter 7 added by Stats. 1985, Ch. 157, Sec. 2. ) ## 887.070. In an action to establish the abandonment of an easement pursuant to this chapter, the court shall permit the owner of the easement to record a late notice of intent to preserve the easement as a condition of dismissal of the action, upon payment into court for the benefit of the owner of the real property the litigation expenses attributable to the easement or portion thereof as to which the notice is recorded. As used in this section, the term “litigation expenses” means recoverable costs and expenses reasonably and necessarily incurred in preparation for the action, including a reasonable attorney’s fee. (Added by Stats. 1985, Ch. 157, Sec. 2.)
  6. 887.080.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 7. Abandoned Easements [887.010 - 887.090] ( Chapter 7 added by Stats. 1985, Ch. 157, Sec. 2. )

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    An abandoned easement is unenforceable and treated as expired.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 7. Abandoned Easements [887.010 - 887.090] ( Chapter 7 added by Stats. 1985, Ch. 157, Sec. 2. ) ## 887.080. An abandoned easement is unenforceable and is deemed to have expired. A court order establishing abandonment of an easement pursuant to this chapter is equivalent for all purposes to a conveyance of the easement to the owner of the real property. (Added by Stats. 1985, Ch. 157, Sec. 2.)
  7. 887.090.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 7. Abandoned Easements [887.010 - 887.090] ( Chapter 7 added by Stats. 1985, Ch. 157, Sec. 2. )

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    This chapter applies to all easements, subject to Sections 880.370 and 887.020.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 5. MARKETABLE RECORD TITLE [880.020 - 887.090] ( Title 5 added by Stats. 1982, Ch. 1268, Sec. 1. ) ## CHAPTER 7. Abandoned Easements [887.010 - 887.090] ( Chapter 7 added by Stats. 1985, Ch. 157, Sec. 2. ) ## 887.090. Subject to Sections 880.370 (grace period for recording notice) and 887.020, this chapter applies to all easements, whether executed or recorded before, on, or after January 1, 1986. (Added by Stats. 1985, Ch. 157, Sec. 2.)
  8. 890.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 6. RENT SKIMMING [890 - 894] ( Title 6 added by Stats. 1986, Ch. 838, Sec. 1. )

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    Section 890 defines “rent skimming” and related terms for residential real property.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 6. RENT SKIMMING [890 - 894] ( Title 6 added by Stats. 1986, Ch. 838, Sec. 1. ) ## 890. (a) (1) “Rent skimming” means using revenue received from the rental of a parcel of residential real property at any time during the first year period after acquiring that property without first applying the revenue or an equivalent amount to the payments due on all mortgages and deeds of trust encumbering that property. (2) For purposes of this section, “rent skimming” also means receiving revenue from the rental of a parcel of residential real property where the person receiving that revenue, without the consent of the owner or owner’s agent, asserted possession or ownership of the residential property, whether under a false claim of title, by trespass, or any other unauthorized means, rented the property to another, and collected rents from the other person for the rental of the property. This paragraph does not apply to any tenant, subtenant, lessee, sublessee, or assignee, nor to any other hirer having a lawful occupancy interest in the residential dwelling. (b) “Multiple acts of rent skimming” means knowingly and willfully rent skimming with respect to each of five or more parcels of residential real property acquired within any two-year period. (c) “Person” means any natural person, any form of business organization, its officers and directors, and any natural person who authorizes rent skimming or who, being in a position of control, fails to prevent another from rent skimming. (Amended by Stats. 1998, Ch. 193, Sec. 1. Effective January 1, 1999.)
  9. 891.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 6. RENT SKIMMING [890 - 894] ( Title 6 added by Stats. 1986, Ch. 838, Sec. 1. )

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    This section lets certain sellers, mortgagees/beneficiaries, and tenants sue over rent skimming, and it gives courts power to award damages, fees, and equitable relief.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 6. RENT SKIMMING [890 - 894] ( Title 6 added by Stats. 1986, Ch. 838, Sec. 1. ) ## 891. (a) A seller of an interest in residential real property who received a promissory note or other evidence of indebtedness for all or a portion of its purchase price secured by a lien on the property may bring an action against any person who has engaged in rent skimming with respect to that property. A seller who prevails in the action shall recover all actual damages and reasonable attorney’s fees and costs. The court may award any appropriate equitable relief. The court shall award exemplary damages of not less than three times the actual damages if the defendant has engaged in multiple acts of rent skimming and may award exemplary damages in other cases. (b) A seller of an interest in residential real property who reacquires the interest from a person who has engaged in rent skimming with respect to that property, or a law enforcement agency, may request the court for an order declaring that the reacquired interest is not encumbered by any lien that is or has the effect of a judgment lien against the person who engaged in rent skimming if the lien is not related to any improvement of the property and does not represent security for loan proceeds made by a bona fide lien holder without knowledge of facts constituting a violation of this title. The motion or application shall be made with at least 30 days’ advance written notice to all persons who may be affected by the order, including lienholders, and shall be granted unless the interests of justice would not be served by such an order. (c) A mortgagee or beneficiary under a deed of trust encumbering residential real property may bring an action against a person who has engaged in rent skimming with respect to that property as one of multiple acts of rent skimming, whether or not the person has become contractually bound by an obligation secured by the mortgage or deed of trust. The mortgagee or beneficiary who prevails in the action shall recover actual damages to the extent of the amount of the rent collected on the encumbered property and attorney’s fees and costs. The court also may order any appropriate equitable relief and may award exemplary damages. (d) A tenant of residential real property may bring an action against a person who has engaged in rent skimming with respect to that property for the recovery of actual damages, including any security, as defined in Section 1950.5, and moving expenses if the property is sold at a foreclosure sale and the tenant was required to move. A prevailing plaintiff in such an action shall be awarded reasonable attorney’s fees and costs. The court also may award exemplary damages; it shall award exemplary damages of at least three times the amount of actual damages if the payments due under any deed of trust or mortgage were two or more months delinquent at the time the tenant rented the premises or if the defendant has engaged in multiple acts of rent skimming. (e) The rights and remedies provided in this section are in addition to any other rights and remedies provided by law. (f) Rent skimming is unlawful, and any waiver of the provisions of this section are void and unenforceable as contrary to public policy. (g) Sections 580a, 580b, 580d, and 726 of the Code of Civil Procedure do not apply to any action brought under this title. (Added by Stats. 1986, Ch. 838, Sec. 1.)
  10. 892.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 6. RENT SKIMMING [890 - 894] ( Title 6 added by Stats. 1986, Ch. 838, Sec. 1. )

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    Rent skimming can lead to criminal prosecution, fines, and imprisonment; prosecution must start within three years after the last involved property was acquired.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 6. RENT SKIMMING [890 - 894] ( Title 6 added by Stats. 1986, Ch. 838, Sec. 1. ) ## 892. (a) Any person who engages in multiple acts of rent skimming is subject to criminal prosecution. Each act of rent skimming comprising the multiple acts of rent skimming shall be separately alleged. A person found guilty of five acts shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or by imprisonment in a county jail for not more than one year, by a fine of not more than ten thousand dollars ($10,000), or by both that fine and imprisonment. A person found guilty of additional acts shall be separately punished for each additional act by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or by imprisonment in a county jail for not more than one year, by a fine of not more than ten thousand dollars ($10,000), or by both that fine and imprisonment. (b) If a defendant has been once previously convicted of a violation of subdivision (a), any subsequent knowing and willful act of rent skimming shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or by imprisonment in a county jail for not more than one year, or by a fine of not more than ten thousand dollars ($10,000), or by both that fine and imprisonment. (c) A prosecution for a violation of this section shall be commenced within three years after the date of the acquisition of the last parcel of property that was the subject of the conduct for which the defendant is prosecuted. (d) The penalties under this section are in addition to any other remedies or penalties provided by law for the conduct proscribed by this section. (Amended by Stats. 2011, Ch. 15, Sec. 31. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  11. 893.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 6. RENT SKIMMING [890 - 894] ( Title 6 added by Stats. 1986, Ch. 838, Sec. 1. )

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    A natural person defendant may use an affirmative defense in certain rent skimming cases if the rental money was used for specified medical or habitability-related payments, made within 30 days, and no other funds were available.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 6. RENT SKIMMING [890 - 894] ( Title 6 added by Stats. 1986, Ch. 838, Sec. 1. ) ## 893. (a) It is an affirmative defense for a natural person who is a defendant in a civil action brought under Section 891, or a criminal action brought under Section 892, if all of the following occurred: (1) The defendant used the rental revenue due but not paid to holders of mortgages or deeds of trust to make payments to any of the following: (A) Health care providers, as defined in paragraph (2) of subdivision (c) of Section 6146 of the Business and Professions Code, for the unforeseen and necessary medical treatment of the defendant or his or her spouse, parents, or children. (B) Licensed contractors or material suppliers to correct the violation of any statute, ordinance, or regulation relating to the habitability of the premises. (2) The defendant made the payments within 30 days of receiving the rental revenue. (3) The defendant had no other source of funds from which to make the payments. (b) The defendant has the burden of producing evidence of each element of the defense specified in subdivision (a) in a criminal action under Section 892 and the burden of proof of each element of the defense in a civil action under Section 891. (Added by Stats. 1986, Ch. 838, Sec. 1.)
  12. 894.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 6. RENT SKIMMING [890 - 894] ( Title 6 added by Stats. 1986, Ch. 838, Sec. 1. )

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    If part of Title 6 or its application is found unconstitutional, the rest of the title still remains in effect.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 6. RENT SKIMMING [890 - 894] ( Title 6 added by Stats. 1986, Ch. 838, Sec. 1. ) ## 894. If any provision of this title or the application thereof to any person or circumstances is held to be unconstitutional, the remainder of the title and the application of its provisions to other persons and circumstances shall not be affected thereby. (Added by Stats. 1986, Ch. 838, Sec. 1.)
  13. 895.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 1. Definitions [895- 895.] ( Chapter 1 added by Stats. 2002, Ch. 722, Sec. 3. )

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    This section defines terms used for construction-defect actions, including “structure,” different kinds of moisture barriers, “unintended water,” “close of escrow,” and who counts as a “claimant” or “homeowner.”

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 1. Definitions [895- 895.] ( Chapter 1 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 895. (a) “Structure” means any residential dwelling, other building, or improvement located upon a lot or within a common area. (b) “Designed moisture barrier” means an installed moisture barrier specified in the plans and specifications, contract documents, or manufacturer’s recommendations. (c) “Actual moisture barrier” means any component or material, actually installed, that serves to any degree as a barrier against moisture, whether or not intended as a barrier against moisture. (d) “Unintended water” means water that passes beyond, around, or through a component or the material that is designed to prevent that passage. (e) “Close of escrow” means the date of the close of escrow between the builder and the original homeowner. With respect to claims by an association, as defined in Section 4080, “close of escrow” means the date of substantial completion, as defined in Section 337.15 of the Code of Civil Procedure, or the date the builder relinquishes control over the association’s ability to decide whether to initiate a claim under this title, whichever is later. (f) “Claimant” or “homeowner” includes the individual owners of single-family homes, individual unit owners of attached dwellings and, in the case of a common interest development, any association as defined in Section 4080. (Amended by Stats. 2012, Ch. 181, Sec. 29. (AB 806) Effective January 1, 2013. Operative January 1, 2014, by Sec. 86 of Ch. 181.)
  14. 896.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 2. Actionable Defects [896 - 897] ( Chapter 2 added by Stats. 2002, Ch. 722, Sec. 3. )

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    This section sets residential construction defect standards and limits defect claims to violations of those standards, with several time limits for bringing actions.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 2. Actionable Defects [896 - 897] ( Chapter 2 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 896. In any action seeking recovery of damages arising out of, or related to deficiencies in, the residential construction, design, specifications, surveying, planning, supervision, testing, or observation of construction, a builder, and to the extent set forth in Chapter 4 (commencing with Section 910), a general contractor, subcontractor, material supplier, individual product manufacturer, or design professional, shall, except as specifically set forth in this title, be liable for, and the claimant’s claims or causes of action shall be limited to violation of, the following standards, except as specifically set forth in this title. This title applies to original construction intended to be sold as an individual dwelling unit. As to condominium conversions, this title does not apply to or does not supersede any other statutory or common law. (a) With respect to water issues: (1) A door shall not allow unintended water to pass beyond, around, or through the door or its designed or actual moisture barriers, if any. (2) Windows, patio doors, deck doors, and their systems shall not allow water to pass beyond, around, or through the window, patio door, or deck door or its designed or actual moisture barriers, including, without limitation, internal barriers within the systems themselves. For purposes of this paragraph, “systems” include, without limitation, windows, window assemblies, framing, substrate, flashings, and trim, if any. (3) Windows, patio doors, deck doors, and their systems shall not allow excessive condensation to enter the structure and cause damage to another component. For purposes of this paragraph, “systems” include, without limitation, windows, window assemblies, framing, substrate, flashings, and trim, if any. (4) Roofs, roofing systems, chimney caps, and ventilation components shall not allow water to enter the structure or to pass beyond, around, or through the designed or actual moisture barriers, including, without limitation, internal barriers located within the systems themselves. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, and sheathing, if any. (5) Decks, deck systems, balconies, balcony systems, exterior stairs, and stair systems shall not allow water to pass into the adjacent structure. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, flashing, and sheathing, if any. (6) Decks, deck systems, balconies, balcony systems, exterior stairs, and stair systems shall not allow unintended water to pass within the systems themselves and cause damage to the systems. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, flashing, and sheathing, if any. (7) Foundation systems and slabs shall not allow water or vapor to enter into the structure so as to cause damage to another building component. (8) Foundation systems and slabs shall not allow water or vapor to enter into the structure so as to limit the installation of the type of flooring materials typically used for the particular application. (9) Hardscape, including paths and patios, irrigation systems, landscaping systems, and drainage systems, that are installed as part of the original construction, shall not be installed in such a way as to cause water or soil erosion to enter into or come in contact with the structure so as to cause damage to another building component. (10) Stucco, exterior siding, exterior walls, including, without limitation, exterior framing, and other exterior wall finishes and fixtures and the systems of those components and fixtures, including, but not limited to, pot shelves, horizontal surfaces, columns, and plant-ons, shall be installed in such a way so as not to allow unintended water to pass into the structure or to pass beyond, around, or through the designed or actual moisture barriers of the system, including any internal barriers located within the system itself. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, flashings, trim, wall assemblies, and internal wall cavities, if any. (11) Stucco, exterior siding, and exterior walls shall not allow excessive condensation to enter the structure and cause damage to another component. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, flashings, trim, wall assemblies, and internal wall cavities, if any. (12) Retaining and site walls and their associated drainage systems shall not allow unintended water to pass beyond, around, or through its designed or actual moisture barriers including, without limitation, any internal barriers, so as to cause damage. This standard does not apply to those portions of any wall or drainage system that are designed to have water flow beyond, around, or through them. (13) Retaining walls and site walls, and their associated drainage systems, shall only allow water to flow beyond, around, or through the areas designated by design. (14) The lines and components of the plumbing system, sewer system, and utility systems shall not leak. (15) Plumbing lines, sewer lines, and utility lines shall not corrode so as to impede the useful life of the systems. (16) Sewer systems shall be installed in such a way as to allow the designated amount of sewage to flow through the system. (17) Showers, baths, and related waterproofing systems shall not leak water into the interior of walls, flooring systems, or the interior of other components. (18) The waterproofing system behind or under ceramic tile and tile countertops shall not allow water into the interior of walls, flooring systems, or other components so as to cause damage. Ceramic tile systems shall be designed and installed so as to deflect intended water to the waterproofing system. (b) With respect to structural issues: (1) Foundations, load bearing components, and slabs, shall not contain significant cracks or significant vertical displacement. (2) Foundations, load bearing components, and slabs shall not cause the structure, in whole or in part, to be structurally unsafe. (3) Foundations, load bearing components, and slabs, and underlying soils shall be constructed so as to materially comply with the design criteria set by applicable government building codes, regulations, and ordinances for chemical deterioration or corrosion resistance in effect at the time of original construction. (4) A structure shall be constructed so as to materially comply with the design criteria for earthquake and wind load resistance, as set forth in the applicable government building codes, regulations, and ordinances in effect at the time of original construction. (c) With respect to soil issues: (1) Soils and engineered retaining walls shall not cause, in whole or in part, damage to the structure built upon the soil or engineered retaining wall. (2) Soils and engineered retaining walls shall not cause, in whole or in part, the structure to be structurally unsafe. (3) Soils shall not cause, in whole or in part, the land upon which no structure is built to become unusable for the purpose represented at the time of original sale by the builder or for the purpose for which that land is commonly used. (d) With respect to fire protection issues: (1) A structure shall be constructed so as to materially comply with the design criteria of the applicable government building codes, regulations, and ordinances for fire protection of the occupants in effect at the time of the original construction. (2) Fireplaces, chimneys, chimney structures, and chimney termination caps shall be constructed and installed in such a way so as not to cause an unreasonable risk of fire outside the fireplace enclosure or chimney. (3) Electrical and mechanical systems shall be constructed and installed in such a way so as not to cause an unreasonable risk of fire. (e) With respect to plumbing and sewer issues: Plumbing and sewer systems shall be installed to operate properly and shall not materially impair the use of the structure by its inhabitants. However, no action may be brought for a violation of this subdivision more than four years after close of escrow. (f) With respect to electrical system issues: Electrical systems shall operate properly and shall not materially impair the use of the structure by its inhabitants. However, no action shall be brought pursuant to this subdivision more than four years from close of escrow. (g) With respect to issues regarding other areas of construction: (1) Exterior pathways, driveways, hardscape, sidewalls, sidewalks, and patios installed by the original builder shall not contain cracks that display significant vertical displacement or that are excessive. However, no action shall be brought upon a violation of this paragraph more than four years from close of escrow. (2) Stucco, exterior siding, and other exterior wall finishes and fixtures, including, but not limited to, pot shelves, horizontal surfaces, columns, and plant-ons, shall not contain significant cracks or separations. (3) (A) To the extent not otherwise covered by these standards, manufactured products, including, but not limited to, windows, doors, roofs, plumbing products and fixtures, fireplaces, electrical fixtures, HVAC units, countertops, cabinets, paint, and appliances shall be installed so as not to interfere with the products’ useful life, if any. (B) For purposes of this paragraph, “useful life” means a representation of how long a product is warranted or represented, through its limited warranty or any written representations, to last by its manufacturer, including recommended or required maintenance. If there is no representation by a manufacturer, a builder shall install manufactured products so as not to interfere with the product’s utility. (C) For purposes of this paragraph, “manufactured product” means a product that is completely manufactured offsite. (D) If no useful life representation is made, or if the representation is less than one year, the period shall be no less than one year. If a manufactured product is damaged as a result of a violation of these standards, damage to the product is a recoverable element of damages. This subparagraph does not limit recovery if there has been damage to another building component caused by a manufactured product during the manufactured product’s useful life. (E) This title does not apply in any action seeking recovery solely for a defect in a manufactured product located within or adjacent to a structure. (4) Heating shall be installed so as to be capable of maintaining a room temperature of 70 degrees Fahrenheit at a point three feet above the floor in any living space if the heating was installed pursuant to a building permit application submitted prior to January 1, 2008, or capable of maintaining a room temperature of 68 degrees Fahrenheit at a point three feet above the floor and two feet from exterior walls in all habitable rooms at the design temperature if the heating was installed pursuant to a building permit application submitted on or before January 1, 2008. (5) Living space air-conditioning, if any, shall be provided in a manner consistent with the size and efficiency design criteria specified in Title 24 of the California Code of Regulations or its successor. (6) Attached structures shall be constructed to comply with interunit noise transmission standards set by the applicable government building codes, ordinances, or regulations in effect at the time of the original construction. If there is no applicable code, ordinance, or regulation, this paragraph does not apply. However, no action shall be brought pursuant to this paragraph more than one year from the original occupancy of the adjacent unit. (7) Irrigation systems and drainage shall operate properly so as not to damage landscaping or other external improvements. However, no action shall be brought pursuant to this paragraph more than one year from close of escrow. (8) Untreated wood posts shall not be installed in contact with soil so as to cause unreasonable decay to the wood based upon the finish grade at the time of original construction. However, no action shall be brought pursuant to this paragraph more than two years from close of escrow. (9) Untreated steel fences and adjacent components shall be installed so as to prevent unreasonable corrosion. However, no action shall be brought pursuant to this paragraph more than four years from close of escrow. (10) Paint and stains shall be applied in such a manner so as not to cause deterioration of the building surfaces for the length of time specified by the paint or stain manufacturers’ representations, if any. However, no action shall be brought pursuant to this paragraph more than five years from close of escrow. (11) Roofing materials shall be installed so as to avoid materials falling from the roof. (12) The landscaping systems shall be installed in such a manner so as to survive for not less than one year. However, no action shall be brought pursuant to this paragraph more than two years from close of escrow. (13) Ceramic tile and tile backing shall be installed in such a manner that the tile does not detach. (14) Dryer ducts shall be installed and terminated pursuant to manufacturer installation requirements. However, no action shall be brought pursuant to this paragraph more than two years from close of escrow. (15) Structures shall be constructed in such a manner so as not to impair the occupants’ safety because they contain public health hazards as determined by a duly authorized public health official, health agency, or governmental entity having jurisdiction. This paragraph does not limit recovery for any damages caused by a violation of any other paragraph of this section on the grounds that the damages do not constitute a health hazard. (Amended by Stats. 2012, Ch. 770, Sec. 2. (AB 2697) Effective January 1, 2013.)
  15. 897.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 2. Actionable Defects [896 - 897] ( Chapter 2 added by Stats. 2002, Ch. 722, Sec. 3. )

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    This section says the chapter’s standards are meant to cover every function or component of a structure, and anything not covered by the standards is still actionable if it causes damage.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 2. Actionable Defects [896 - 897] ( Chapter 2 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 897. The standards set forth in this chapter are intended to address every function or component of a structure. To the extent that a function or component of a structure is not addressed by these standards, it shall be actionable if it causes damage. (Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
  16. 900.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 3. Obligations [900 - 907] ( Chapter 3 added by Stats. 2002, Ch. 722, Sec. 3. )

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    Builders must give homebuyers a minimum one-year express written limited warranty for fit and finish items.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 3. Obligations [900 - 907] ( Chapter 3 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 900. As to fit and finish items, a builder shall provide a homebuyer with a minimum one-year express written limited warranty covering the fit and finish of the following building components. Except as otherwise provided by the standards specified in Chapter 2 (commencing with Section 896), this warranty shall cover the fit and finish of cabinets, mirrors, flooring, interior and exterior walls, countertops, paint finishes, and trim, but shall not apply to damage to those components caused by defects in other components governed by the other provisions of this title. Any fit and finish matters covered by this warranty are not subject to the provisions of this title. If a builder fails to provide the express warranty required by this section, the warranty for these items shall be for a period of one year. (Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
  17. 9000.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [9000 - 9100] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Application of Title [9000- 9000.] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

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    This title applies to a work of improvement contracted for by a public entity.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [9000 - 9100] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. Application of Title [9000- 9000.] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9000. This title applies to a work of improvement contracted for by a public entity. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  18. 901.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 3. Obligations [900 - 907] ( Chapter 3 added by Stats. 2002, Ch. 722, Sec. 3. )

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    A builder may offer extra or longer-lasting protection in an express contract with a homeowner, but does not have to. The builder may not use that contract to reduce Chapter 2 protection or limit its application.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 3. Obligations [900 - 907] ( Chapter 3 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 901. A builder may, but is not required to, offer greater protection or protection for longer time periods in its express contract with the homeowner than that set forth in Chapter 2 (commencing with Section 896). A builder may not limit the application of Chapter 2 (commencing with Section 896) or lower its protection through the express contract with the homeowner. This type of express contract constitutes an “enhanced protection agreement.” (Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
  19. 902.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 3. Obligations [900 - 907] ( Chapter 3 added by Stats. 2002, Ch. 722, Sec. 3. )

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    If a builder offers an enhanced protection agreement, the builder may use its own express contract terms instead of Chapter 2, but Chapter 2 still supplies minimum enforceability standards.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 3. Obligations [900 - 907] ( Chapter 3 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 902. If a builder offers an enhanced protection agreement, the builder may choose to be subject to its own express contractual provisions in place of the provisions set forth in Chapter 2 (commencing with Section 896). If an enhanced protection agreement is in place, Chapter 2 (commencing with Section 896) no longer applies other than to set forth minimum provisions by which to judge the enforceability of the particular provisions of the enhanced protection agreement. (Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
  20. 903.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 3. Obligations [900 - 907] ( Chapter 3 added by Stats. 2002, Ch. 722, Sec. 3. )

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    If a builder substitutes an enhanced protection agreement for Chapter 2, the builder must notify the homeowner in writing by close of escrow, give the homeowner a copy of Chapter 2, and explain that the builder is not subject to those provisions.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 3. Obligations [900 - 907] ( Chapter 3 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 903. If a builder offers an enhanced protection agreement in place of the provisions set forth in Chapter 2 (commencing with Section 896), the election to do so shall be made in writing with the homeowner no later than the close of escrow. The builder shall provide the homeowner with a complete copy of Chapter 2 (commencing with Section 896) and advise the homeowner that the builder has elected not to be subject to its provisions. If any provision of an enhanced protection agreement is later found to be unenforceable as not meeting the minimum standards of Chapter 2 (commencing with Section 896), a builder may use this chapter in lieu of those provisions found to be unenforceable. (Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
  21. 904.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 3. Obligations [900 - 907] ( Chapter 3 added by Stats. 2002, Ch. 722, Sec. 3. )

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    A homeowner may enforce chapter standards instead of an enhanced protection agreement in certain disputes, and must give the builder written notice when filing the notice of claim.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 3. Obligations [900 - 907] ( Chapter 3 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 904. If a builder has elected to use an enhanced protection agreement, and a homeowner disputes that the particular provision or time periods of the enhanced protection agreement are not greater than, or equal to, the provisions of Chapter 2 (commencing with Section 896) as they apply to the particular deficiency alleged by the homeowner, the homeowner may seek to enforce the application of the standards set forth in this chapter as to those claimed deficiencies. If a homeowner seeks to enforce a particular standard in lieu of a provision of the enhanced protection agreement, the homeowner shall give the builder written notice of that intent at the time the homeowner files a notice of claim pursuant to Chapter 4 (commencing with Section 910). (Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
  22. 905.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 3. Obligations [900 - 907] ( Chapter 3 added by Stats. 2002, Ch. 722, Sec. 3. )

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    A builder may ask for bifurcation and an immediate binding decision on whether Chapter 2 or an enhanced protection agreement applies, but must do so within 60 days after filing its responsive pleading and before discovery starts.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 3. Obligations [900 - 907] ( Chapter 3 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 905. If a homeowner seeks to enforce Chapter 2 (commencing with Section 896), in lieu of the enhanced protection agreement in a subsequent litigation or other legal action, the builder shall have the right to have the matter bifurcated, and to have an immediately binding determination of his or her responsive pleading within 60 days after the filing of that pleading, but in no event after the commencement of discovery, as to the application of either Chapter 2 (commencing with Section 896) or the enhanced protection agreement as to the deficiencies claimed by the homeowner. If the builder fails to seek that determination in the timeframe specified, the builder waives the right to do so and the standards set forth in this title shall apply. As to any nonoriginal homeowner, that homeowner shall be deemed in privity for purposes of an enhanced protection agreement only to the extent that the builder has recorded the enhanced protection agreement on title or provided actual notice to the nonoriginal homeowner of the enhanced protection agreement. If the enhanced protection agreement is not recorded on title or no actual notice has been provided, the standards set forth in this title apply to any nonoriginal homeowners’ claims. (Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
  23. 906.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 3. Obligations [900 - 907] ( Chapter 3 added by Stats. 2002, Ch. 722, Sec. 3. )

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    A builder’s election to use an enhanced protection agreement only affects Chapter 2 issues, not Chapter 4.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 3. Obligations [900 - 907] ( Chapter 3 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 906. A builder’s election to use an enhanced protection agreement addresses only the issues set forth in Chapter 2 (commencing with Section 896) and does not constitute an election to use or not use the provisions of Chapter 4 (commencing with Section 910). The decision to use or not use Chapter 4 (commencing with Section 910) is governed by the provisions of that chapter. (Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
  24. 907.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 3. Obligations [900 - 907] ( Chapter 3 added by Stats. 2002, Ch. 722, Sec. 3. )

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    A homeowner must follow reasonable maintenance obligations, written maintenance schedules from the builder and product manufacturers, and commonly accepted maintenance practices.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 3. Obligations [900 - 907] ( Chapter 3 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 907. A homeowner is obligated to follow all reasonable maintenance obligations and schedules communicated in writing to the homeowner by the builder and product manufacturers, as well as commonly accepted maintenance practices. A failure by a homeowner to follow these obligations, schedules, and practices may subject the homeowner to the affirmative defenses contained in Section 944. (Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
  25. 910.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. )

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    Before filing a construction-defect action, the claimant must start prelitigation procedures and send the builder written notice with specific information.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 910. Prior to filing an action against any party alleged to have contributed to a violation of the standards set forth in Chapter 2 (commencing with Section 896), the claimant shall initiate the following prelitigation procedures: (a) The claimant or his or her legal representative shall provide written notice via certified mail, overnight mail, or personal delivery to the builder, in the manner prescribed in this section, of the claimant’s claim that the construction of his or her residence violates any of the standards set forth in Chapter 2 (commencing with Section 896). That notice shall provide the claimant’s name, address, and preferred method of contact, and shall state that the claimant alleges a violation pursuant to this part against the builder, and shall describe the claim in reasonable detail sufficient to determine the nature and location, to the extent known, of the claimed violation. In the case of a group of homeowners or an association, the notice may identify the claimants solely by address or other description sufficient to apprise the builder of the locations of the subject residences. That document shall have the same force and effect as a notice of commencement of a legal proceeding. (b) The notice requirements of this section do not preclude a homeowner from seeking redress through any applicable normal customer service procedure as set forth in any contractual, warranty, or other builder-generated document; and, if a homeowner seeks to do so, that request shall not satisfy the notice requirements of this section. (Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
  26. 9100.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [9000 - 9100] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Claimants [9100- 9100.] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. )

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    Certain unpaid persons may give a stop payment notice to the public entity or assert a claim against a payment bond; direct contractors may not.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 1. General Provisions [9000 - 9100] ( Chapter 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Claimants [9100- 9100.] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 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) 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) A laborer. (3) A person described in Section 4107.7 of the Public Contract Code. (b) A direct contractor may not give a stop payment notice or assert a claim against a payment bond under this title. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  27. 911.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. )

    Verify source ↗

    This section defines “builder” for this title and excludes certain limited-involvement contractors who are not affiliated with the builder.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 911. (a) For purposes of this title, except as provided in subdivision (b), “builder” means any entity or individual, including, but not limited to a builder, developer, general contractor, contractor, or original seller, who, at the time of sale, was also in the business of selling residential units to the public for the property that is the subject of the homeowner’s claim or was in the business of building, developing, or constructing residential units for public purchase for the property that is the subject of the homeowner’s claim. (b) For the purposes of this title, “builder” does not include any entity or individual whose involvement with a residential unit that is the subject of the homeowner’s claim is limited to his or her capacity as general contractor or contractor and who is not a partner, member of, subsidiary of, or otherwise similarly affiliated with the builder. For purposes of this title, these nonaffiliated general contractors and nonaffiliated contractors shall be treated the same as subcontractors, material suppliers, individual product manufacturers, and design professionals. (Amended by Stats. 2003, Ch. 762, Sec. 2. Effective January 1, 2004.)
  28. 912.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. )

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    Builders must provide specified construction and maintenance documents to homeowners on request, maintain and disclose notice contact information, and include required notices and copies with original sale documents.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 912. A builder shall do all of the following: (a) Within 30 days of a written request by a homeowner or his or her legal representative, the builder shall provide copies of all relevant plans, specifications, mass or rough grading plans, final soils reports, Bureau of Real Estate public reports, and available engineering calculations, that pertain to a homeowner’s residence specifically or as part of a larger development tract. The request shall be honored if it states that it is made relative to structural, fire safety, or soils provisions of this title. However, a builder is not obligated to provide a copying service, and reasonable copying costs shall be borne by the requesting party. A builder may require that the documents be copied onsite by the requesting party, except that the homeowner may, at his or her option, use his or her own copying service, which may include an offsite copy facility that is bonded and insured. If a builder can show that the builder maintained the documents, but that they later became unavailable due to loss or destruction that was not the fault of the builder, the builder may be excused from the requirements of this subdivision, in which case the builder shall act with reasonable diligence to assist the homeowner in obtaining those documents from any applicable government authority or from the source that generated the document. However, in that case, the time limits specified by this section do not apply. (b) At the expense of the homeowner, who may opt to use an offsite copy facility that is bonded and insured, the builder shall provide to the homeowner or his or her legal representative copies of all maintenance and preventative maintenance recommendations that pertain to his or her residence within 30 days of service of a written request for those documents. Those documents shall also be provided to the homeowner in conjunction with the initial sale of the residence. (c) At the expense of the homeowner, who may opt to use an offsite copy facility that is bonded and insured, a builder shall provide to the homeowner or his or her legal representative copies of all manufactured products maintenance, preventive maintenance, and limited warranty information within 30 days of a written request for those documents. These documents shall also be provided to the homeowner in conjunction with the initial sale of the residence. (d) At the expense of the homeowner, who may opt to use an offsite copy facility that is bonded and insured, a builder shall provide to the homeowner or his or her legal representative copies of all of the builder’s limited contractual warranties in accordance with this part in effect at the time of the original sale of the residence within 30 days of a written request for those documents. Those documents shall also be provided to the homeowner in conjunction with the initial sale of the residence. (e) A builder shall maintain the name and address of an agent for notice pursuant to this chapter with the Secretary of State or, alternatively, elect to use a third party for that notice if the builder has notified the homeowner in writing of the third party’s name and address, to whom claims and requests for information under this section may be mailed. The name and address of the agent for notice or third party shall be included with the original sales documentation and shall be initialed and acknowledged by the purchaser and the builder’s sales representative. This subdivision applies to instances in which a builder contracts with a third party to accept claims and act on the builder’s behalf. A builder shall give actual notice to the homeowner that the builder has made such an election, and shall include the name and address of the third party. (f) A builder shall record on title a notice of the existence of these procedures and a notice that these procedures impact the legal rights of the homeowner. This information shall also be included with the original sales documentation and shall be initialed and acknowledged by the purchaser and the builder’s sales representative. (g) A builder shall provide, with the original sales documentation, a written copy of this title, which shall be initialed and acknowledged by the purchaser and the builder’s sales representative. (h) As to any documents provided in conjunction with the original sale, the builder shall instruct the original purchaser to provide those documents to any subsequent purchaser. (i) Any builder who fails to comply with any of these requirements within the time specified is not entitled to the protection of this chapter, and the homeowner is released from the requirements of this chapter and may proceed with the filing of an action, in which case the remaining chapters of this part shall continue to apply to the action. (Amended by Stats. 2013, Ch. 352, Sec. 50. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  29. 913.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. )

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    A builder or the builder’s representative must acknowledge receipt of a claim notice in writing within 14 days, and in some cases must include the claimant’s attorney in later substantive communications.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 913. A builder or his or her representative shall acknowledge, in writing, receipt of the notice of the claim within 14 days after receipt of the notice of the claim. If the notice of the claim is served by the claimant’s legal representative, or if the builder receives a written representation letter from a homeowner’s attorney, the builder shall include the attorney in all subsequent substantive communications, including, without limitation, all written communications occurring pursuant to this chapter, and all substantive and procedural communications, including all written communications, following the commencement of any subsequent complaint or other legal action, except that if the builder has retained or involved legal counsel to assist the builder in this process, all communications by the builder’s counsel shall only be with the claimant’s legal representative, if any. (Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
  30. 914.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. )

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    Builders must tell the homeowner, when the sales agreement is signed, whether they will use this chapter’s nonadversarial procedure or alternative contractual procedures.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 914. (a) This chapter establishes a nonadversarial procedure, including the remedies available under this chapter which, if the procedure does not resolve the dispute between the parties, may result in a subsequent action to enforce the other chapters of this title. A builder may attempt to commence nonadversarial contractual provisions other than the nonadversarial procedures and remedies set forth in this chapter, but may not, in addition to its own nonadversarial contractual provisions, require adherence to the nonadversarial procedures and remedies set forth in this chapter, regardless of whether the builder’s own alternative nonadversarial contractual provisions are successful in resolving the dispute or ultimately deemed enforceable. At the time the sales agreement is executed, the builder shall notify the homeowner whether the builder intends to engage in the nonadversarial procedure of this section or attempt to enforce alternative nonadversarial contractual provisions. If the builder elects to use alternative nonadversarial contractual provisions in lieu of this chapter, the election is binding, regardless of whether the builder’s alternative nonadversarial contractual provisions are successful in resolving the ultimate dispute or are ultimately deemed enforceable. (b) Nothing in this title is intended to affect existing statutory or decisional law pertaining to the applicability, viability, or enforceability of alternative dispute resolution methods, alternative remedies, or contractual arbitration, judicial reference, or similar procedures requiring a binding resolution to enforce the other chapters of this title or any other disputes between homeowners and builders. Nothing in this title is intended to affect the applicability, viability, or enforceability, if any, of contractual arbitration or judicial reference after a nonadversarial procedure or provision has been completed. (Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
  31. 915.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. )

    Verify source ↗

    If the builder misses certain response steps or an alternative nonadversarial process ends, this chapter stops applying and the homeowner may file an action.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 915. If a builder fails to acknowledge receipt of the notice of a claim within the time specified, elects not to go through the process set forth in this chapter, or fails to request an inspection within the time specified, or at the conclusion or cessation of an alternative nonadversarial proceeding, this chapter does not apply and the homeowner is released from the requirements of this chapter and may proceed with the filing of an action. However, the standards set forth in the other chapters of this title shall continue to apply to the action. (Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
  32. 916.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. )

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    If a builder chooses to inspect a construction defect claim, the builder must do the inspection and testing on time, pay the costs, provide insurance proof, restore the property, and allow the claimant to record the inspection if requested.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 916. (a) If a builder elects to inspect the claimed unmet standards, the builder shall complete the initial inspection and testing within 14 days after acknowledgment of receipt of the notice of the claim, at a mutually convenient date and time. If the homeowner has retained legal representation, the inspection shall be scheduled with the legal representative’s office at a mutually convenient date and time, unless the legal representative is unavailable during the relevant time periods. All costs of builder inspection and testing, including any damage caused by the builder inspection, shall be borne by the builder. The builder shall also provide written proof that the builder has liability insurance to cover any damages or injuries occurring during inspection and testing. The builder shall restore the property to its pretesting condition within 48 hours of the testing. The builder shall, upon request, allow the inspections to be observed and electronically recorded, video recorded, or photographed by the claimant or his or her legal representative. (b) Nothing that occurs during a builder’s or claimant’s inspection or testing may be used or introduced as evidence to support a spoliation defense by any potential party in any subsequent litigation. (c) If a builder deems a second inspection or testing reasonably necessary, and specifies the reasons therefor in writing within three days following the initial inspection, the builder may conduct a second inspection or testing. A second inspection or testing shall be completed within 40 days of the initial inspection or testing. All requirements concerning the initial inspection or testing shall also apply to the second inspection or testing. (d) If the builder fails to inspect or test the property within the time specified, the claimant is released from the requirements of this section and may proceed with the filing of an action. However, the standards set forth in the other chapters of this title shall continue to apply to the action. (e) If a builder intends to hold a subcontractor, design professional, individual product manufacturer, or material supplier, including an insurance carrier, warranty company, or service company, responsible for its contribution to the unmet standard, the builder shall provide notice to that person or entity sufficiently in advance to allow them to attend the initial, or if requested, second inspection of any alleged unmet standard and to participate in the repair process. The claimant and his or her legal representative, if any, shall be advised in a reasonable time prior to the inspection as to the identity of all persons or entities invited to attend. This subdivision does not apply to the builder’s insurance company. Except with respect to any claims involving a repair actually conducted under this chapter, nothing in this subdivision shall be construed to relieve a subcontractor, design professional, individual product manufacturer, or material supplier of any liability under an action brought by a claimant. (Amended by Stats. 2009, Ch. 88, Sec. 12. (AB 176) Effective January 1, 2010.)
  33. 917.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. )

    Verify source ↗

    A builder may make a written offer to repair a construction defect, but the offer must include specific repair details, contractor information, compensation for recoverable damages, and notice of the homeowner’s right to request additional contractors.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 917. Within 30 days of the initial or, if requested, second inspection or testing, the builder may offer in writing to repair the violation. The offer to repair shall also compensate the homeowner for all applicable damages recoverable under Section 944, within the timeframe for the repair set forth in this chapter. Any such offer shall be accompanied by a detailed, specific, step-by-step statement identifying the particular violation that is being repaired, explaining the nature, scope, and location of the repair, and setting a reasonable completion date for the repair. The offer shall also include the names, addresses, telephone numbers, and license numbers of the contractors whom the builder intends to have perform the repair. Those contractors shall be fully insured for, and shall be responsible for, all damages or injuries that they may cause to occur during the repair, and evidence of that insurance shall be provided to the homeowner upon request. Upon written request by the homeowner or his or her legal representative, and within the timeframes set forth in this chapter, the builder shall also provide any available technical documentation, including, without limitation, plans and specifications, pertaining to the claimed violation within the particular home or development tract. The offer shall also advise the homeowner in writing of his or her right to request up to three additional contractors from which to select to do the repair pursuant to this chapter. (Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
  34. 918.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. )

    Verify source ↗

    After a repair offer, the homeowner has 30 days to authorize repair, may ask for up to three alternative contractors, and then must authorize a repair choice within 20 days after the builder presents options.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 918. Upon receipt of the offer to repair, the homeowner shall have 30 days to authorize the builder to proceed with the repair. The homeowner may alternatively request, at the homeowner’s sole option and discretion, that the builder provide the names, addresses, telephone numbers, and license numbers for up to three alternative contractors who are not owned or financially controlled by the builder and who regularly conduct business in the county where the structure is located. If the homeowner so elects, the builder is entitled to an additional noninvasive inspection, to occur at a mutually convenient date and time within 20 days of the election, so as to permit the other proposed contractors to review the proposed site of the repair. Within 35 days after the request of the homeowner for alternative contractors, the builder shall present the homeowner with a choice of contractors. Within 20 days after that presentation, the homeowner shall authorize the builder or one of the alternative contractors to perform the repair. (Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
  35. 919.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. )

    Verify source ↗

    If a homeowner wants mediation, the builder’s repair offer must include that option. Mediation is generally limited to four hours, should happen within 15 days of the request, and the homeowner must allow repair after failed mediation if the builder offered to repair.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 919. The offer to repair shall also be accompanied by an offer to mediate the dispute if the homeowner so chooses. The mediation shall be limited to a four-hour mediation, except as otherwise mutually agreed before a nonaffiliated mediator selected and paid for by the builder. At the homeowner’s sole option, the homeowner may agree to split the cost of the mediator, and if he or she does so, the mediator shall be selected jointly. The mediator shall have sufficient availability such that the mediation occurs within 15 days after the request to mediate is received and occurs at a mutually convenient location within the county where the action is pending. If a builder has made an offer to repair a violation, and the mediation has failed to resolve the dispute, the homeowner shall allow the repair to be performed either by the builder, its contractor, or the selected contractor. (Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
  36. 920.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. )

    Verify source ↗

    If the builder does not make a repair offer or comply on time, the claimant may file an action and is released from this chapter’s requirements.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 920. If the builder fails to make an offer to repair or otherwise strictly comply with this chapter within the times specified, the claimant is released from the requirements of this chapter and may proceed with the filing of an action. If the contractor performing the repair does not complete the repair in the time or manner specified, the claimant may file an action. If this occurs, the standards set forth in the other chapters of this part shall continue to apply to the action. (Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
  37. 9200.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Completion [9200 - 9208] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This section says when a work of improvement is considered complete: when the public entity accepts it, or when labor stops for 60 continuous days.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Completion [9200 - 9208] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9200. For the purpose of this title, completion of a work of improvement occurs at the earliest of the following times: (a) Acceptance of the work of improvement by the public entity. (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. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  38. 9202.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Completion [9200 - 9208] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A public entity may record a notice of cessation after at least 30 days of continuous labor cessation, and the notice must be signed, verified, and include specified information.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Completion [9200 - 9208] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 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) The notice shall be signed and verified by the public entity or its agent. (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) The date on or about which the labor ceased. (2) A statement that the cessation has continued until the recordation of the notice. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  39. 9204.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Completion [9200 - 9208] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A public entity may record a notice of completion within 15 days after completion of a work of improvement, and the notice must be signed, verified, and include the completion date.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Completion [9200 - 9208] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 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) The notice shall be signed and verified by the public entity or its agent. (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. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  40. 9208.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Completion [9200 - 9208] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A properly completed, verified notice of completion that includes the required information must be accepted for recording, and it counts as duly recorded even without acknowledgment.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 2. Completion [9200 - 9208] ( Chapter 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9208. 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. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  41. 921.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. )

    Verify source ↗

    If a builder’s repair is part of the chapter’s resolution, the builder must arrange the repair, pay the homeowner’s damages free of charge, start the repair within the stated deadlines, and use diligence to finish it promptly.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 921. (a) In the event that a resolution under this chapter involves a repair by the builder, the builder shall make an appointment with the claimant, make all appropriate arrangements to effectuate a repair of the claimed unmet standards, and compensate the homeowner for all damages resulting therefrom free of charge to the claimant. The repair shall be scheduled through the claimant’s legal representative, if any, unless he or she is unavailable during the relevant time periods. The repair shall be commenced on a mutually convenient date within 14 days of acceptance or, if an alternative contractor is selected by the homeowner, within 14 days of the selection, or, if a mediation occurs, within seven days of the mediation, or within five days after a permit is obtained if one is required. The builder shall act with reasonable diligence in obtaining any such permit. (b) The builder shall ensure that work done on the repairs is done with the utmost diligence, and that the repairs are completed as soon as reasonably possible, subject to the nature of the repair or some unforeseen event not caused by the builder or the contractor performing the repair. Every effort shall be made to complete the repair within 120 days. (Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
  42. 922.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. )

    Verify source ↗

    If requested, the builder must let the claimant or the claimant’s legal representative observe and record the repair. Repair-related events cannot be used to support a spoliation defense in later litigation.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 922. The builder shall, upon request, allow the repair to be observed and electronically recorded, video recorded, or photographed by the claimant or his or her legal representative. Nothing that occurs during the repair process may be used or introduced as evidence to support a spoliation defense by any potential party in any subsequent litigation. (Amended by Stats. 2009, Ch. 88, Sec. 13. (AB 176) Effective January 1, 2010.)
  43. 923.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. )

    Verify source ↗

    The builder must give the homeowner or the homeowner’s legal representative copies of repair-related correspondence, photographs, and other materials if requested.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 923. The builder shall provide the homeowner or his or her legal representative, upon request, with copies of all correspondence, photographs, and other materials pertaining or relating in any manner to the repairs. (Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
  44. 924.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. )

    Verify source ↗

    If a builder chooses to repair only some claimed unmet standards, it must give written, detailed reasons and support for not repairing the rest at the same time it makes its offer.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 924. If the builder elects to repair some, but not all of, the claimed unmet standards, the builder shall, at the same time it makes its offer, set forth with particularity in writing the reasons, and the support for those reasons, for not repairing all claimed unmet standards. (Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
  45. 925.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. )

    Verify source ↗

    If the builder does not finish repairs within the repair plan time, the claimant is released from this chapter’s requirements and may file an action.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 925. If the builder fails to complete the repair within the time specified in the repair plan, the claimant is released from the requirements of this chapter and may proceed with the filing of an action. If this occurs, the standards set forth in the other chapters of this title shall continue to apply to the action. (Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
  46. 926.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. )

    Verify source ↗

    The builder cannot get a release or waiver in exchange for required repair work, and after the repair the claimant may file an action for violation of the standard or inadequate repair, or both.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 926. The builder may not obtain a release or waiver of any kind in exchange for the repair work mandated by this chapter. At the conclusion of the repair, the claimant may proceed with filing an action for violation of the applicable standard or for a claim of inadequate repair, or both, including all applicable damages available under Section 944. (Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
  47. 927.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. )

    Verify source ↗

    This section extends the time to file certain construction-defect claims in three situations tied to the prelitigation process.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 927. If the applicable statute of limitations has otherwise run during this process, the time period for filing a complaint or other legal remedies for violation of any provision of this title, or for a claim of inadequate repair, is extended from the time of the original claim by the claimant to 100 days after the repair is completed, whether or not the particular violation is the one being repaired. If the builder fails to acknowledge the claim within the time specified, elects not to go through this statutory process, or fails to request an inspection within the time specified, the time period for filing a complaint or other legal remedies for violation of any provision of this title is extended from the time of the original claim by the claimant to 45 days after the time for responding to the notice of claim has expired. If the builder elects to attempt to enforce its own nonadversarial procedure in lieu of the procedure set forth in this chapter, the time period for filing a complaint or other legal remedies for violation of any provision of this part is extended from the time of the original claim by the claimant to 100 days after either the completion of the builder’s alternative nonadversarial procedure, or 100 days after the builder’s alternative nonadversarial procedure is deemed unenforceable, whichever is later. (Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
  48. 928.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. )

    Verify source ↗

    If the builder has used this chapter and finished a repair, the homeowner or the homeowner’s representative must ask for mediation in writing before filing suit.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 928. If the builder has invoked this chapter and completed a repair, prior to filing an action, if there has been no previous mediation between the parties, the homeowner or his or her legal representative shall request mediation in writing. The mediation shall be limited to four hours, except as otherwise mutually agreed before a nonaffiliated mediator selected and paid for by the builder. At the homeowner’s sole option, the homeowner may agree to split the cost of the mediator and if he or she does so, the mediator shall be selected jointly. The mediator shall have sufficient availability such that the mediation will occur within 15 days after the request for mediation is received and shall occur at a mutually convenient location within the county where the action is pending. In the event that a mediation is used at this point, any applicable statutes of limitations shall be tolled from the date of the request to mediate until the next court day after the mediation is completed, or the 100-day period, whichever is later. (Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
  49. 929.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. )

    Verify source ↗

    The builder may make a cash-only offer without repairs, and the homeowner may accept or reject it. If the homeowner rejects it and files an action, the other chapters of the title still apply.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 929. (a) Nothing in this chapter prohibits the builder from making only a cash offer and no repair. In this situation, the homeowner is free to accept the offer, or he or she may reject the offer and proceed with the filing of an action. If the latter occurs, the standards of the other chapters of this title shall continue to apply to the action. (b) The builder may obtain a reasonable release in exchange for the cash payment. The builder may negotiate the terms and conditions of any reasonable release in terms of scope and consideration in conjunction with a cash payment under this chapter. (Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
  50. 930.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. )

    Verify source ↗

    This section says the chapter’s time periods and requirements are to be strictly followed, unless the parties mutually agree in writing to extend them. If the builder misses the required timeframe, the claimant may file suit. If the claimant does not follow the chapter, the builder may seek a stay, and the court may award fees and costs.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 930. (a) The time periods and all other requirements in this chapter are to be strictly construed, and, unless extended by the mutual agreement of the parties in accordance with this chapter, shall govern the rights and obligations under this title. If a builder fails to act in accordance with this section within the timeframes mandated, unless extended by the mutual agreement of the parties as evidenced by a postclaim written confirmation by the affected homeowner demonstrating that he or she has knowingly and voluntarily extended the statutory timeframe, the claimant may proceed with filing an action. If this occurs, the standards of the other chapters of this title shall continue to apply to the action. (b) If the claimant does not conform with the requirements of this chapter, the builder may bring a motion to stay any subsequent court action or other proceeding until the requirements of this chapter have been satisfied. The court, in its discretion, may award the prevailing party on such a motion, his or her attorney’s fees and costs in bringing or opposing the motion. (Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
  51. 9300.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Preliminary Notice [9300 - 9306] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    Before a claimant gives a stop payment notice or asserts a claim against a payment bond, the claimant must give preliminary notice to the public entity and the direct contractor it worked for, unless an exception applies.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Preliminary Notice [9300 - 9306] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9300. (a) Except as otherwise provided by statute, before giving a stop payment notice or asserting a claim against a payment bond, a claimant shall give preliminary notice to the following persons: (1) The public entity. (2) The direct contractor to which the claimant provides work. (b) Notwithstanding subdivision (a): (1) A laborer is not required to give preliminary notice. (2) A claimant that has a direct contractual relationship with a direct contractor is not required to give preliminary notice. (c) Compliance with this section is a necessary prerequisite to the validity of a stop payment notice under this title. (d) Compliance with this section or with Section 9562 is a necessary prerequisite to the validity of a claim against a payment bond under this title. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  52. 9302.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Preliminary Notice [9300 - 9306] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    Preliminary notice must be given under the Chapter 2 rules, unless subdivision (b) applies; for certain state department construction contracts, the notice to the public entity goes to the department’s disbursing officer.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Preliminary Notice [9300 - 9306] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9302. (a) Except as provided in subdivision (b), preliminary notice shall be given in compliance with the requirements of Chapter 2 (commencing with Section 8100) of Title 1. (b) If the public works contract is for work constructed by the Department of Public Works or the Department of General Services of the state, preliminary notice to the public entity shall be given to the disbursing officer of the department constructing the work. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  53. 9303.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Preliminary Notice [9300 - 9306] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A preliminary notice must meet Section 8102’s requirements and include a general description of the work and an estimate of the total price of the work provided and to be provided.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Preliminary Notice [9300 - 9306] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9303. The preliminary notice shall comply with the requirements of Section 8102, and shall also include: (a) A general description of the work to be provided. (b) An estimate of the total price of the work provided and to be provided. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  54. 9304.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Preliminary Notice [9300 - 9306] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A claimant may give a stop payment notice or make a claim against a payment bond only for work provided within 20 days before preliminary notice and afterward.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Preliminary Notice [9300 - 9306] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9304. A claimant may give a stop payment notice or assert a claim against a payment bond only for work provided within 20 days before giving preliminary notice and at any time thereafter. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  55. 9306.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Preliminary Notice [9300 - 9306] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A subcontractor on a particular work of improvement must give the chapter notice if the contract pays more than $400; failing to do so can lead to disciplinary action under the Contractors’ State License Law.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 3. Preliminary Notice [9300 - 9306] ( Chapter 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9306. 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. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  56. 931.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. )

    Verify source ↗

    Certain mixed claims are handled under this chapter, but class action members in claims about only a defective component in a residence do not have to comply with it.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 931. If a claim combines causes of action or damages not covered by this part, including, without limitation, personal injuries, class actions, other statutory remedies, or fraud-based claims, the claimed unmet standards shall be administered according to this part, although evidence of the property in its unrepaired condition may be introduced to support the respective elements of any such cause of action. As to any fraud-based claim, if the fact that the property has been repaired under this chapter is deemed admissible, the trier of fact shall be informed that the repair was not voluntarily accepted by the homeowner. As to any class action claims that address solely the incorporation of a defective component into a residence, the named and unnamed class members need not comply with this chapter. (Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
  57. 932.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. )

    Verify source ↗

    Some subsequently discovered construction-defect claims are handled separately, but a claimant may not have to start the process again for the same standard in certain pending, same-project situations.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 932. Subsequently discovered claims of unmet standards shall be administered separately under this chapter, unless otherwise agreed to by the parties. However, in the case of a detached single family residence, in the same home, if the subsequently discovered claim is for a violation of the same standard as that which has already been initiated by the same claimant and the subject of a currently pending action, the claimant need not reinitiate the process as to the same standard. In the case of an attached project, if the subsequently discovered claim is for a violation of the same standard for a connected component system in the same building as has already been initiated by the same claimant, and the subject of a currently pending action, the claimant need not reinitiate this process as to that standard. (Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
  58. 933.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. )

    Verify source ↗

    If enforcement of the standards is started, a claimant may rely on the property’s pre-repair condition, and does not have to show additional or continuing damage from the violation.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 933. If any enforcement of these standards is commenced, the fact that a repair effort was made may be introduced to the trier of fact. However, the claimant may use the condition of the property prior to the repair as the basis for contending that the repair work was inappropriate, inadequate, or incomplete, or that the violation still exists. The claimant need not show that the repair work resulted in further damage nor that damage has continued to occur as a result of the violation. (Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
  59. 934.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. )

    Verify source ↗

    In later enforcement actions, evidence of both parties’ conduct during the prelitigation process may be used, except mediation. Builder repair efforts are not treated as settlement communications or offers of settlement, and they are not inadmissible for that reason.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 934. Evidence of both parties’ conduct during this process may be introduced during a subsequent enforcement action, if any, with the exception of any mediation. Any repair efforts undertaken by the builder, shall not be considered settlement communications or offers of settlement and are not inadmissible in evidence on such a basis. (Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
  60. 935.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. )

    Verify source ↗

    If the chapter’s requirements are enforced and are substantially similar to Section 6000, and an action is later started under Section 6000, the parties do not have to perform the similar Section 6000 requirements.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 935. To the extent that provisions of this chapter are enforced and those provisions are substantially similar to provisions in Section 6000, but an action is subsequently commenced under Section 6000, the parties are excused from performing the substantially similar requirements under Section 6000. (Amended by Stats. 2012, Ch. 181, Sec. 30. (AB 806) Effective January 1, 2013. Operative January 1, 2014, by Sec. 86 of Ch. 181.)
  61. 9350.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. General Provisions [9350 - 9364] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    Rights relating to funds for payment of construction costs in a public works contract are governed only by this chapter, and other legal or equitable claims against the fund are barred unless they come from a direct written contract or this chapter.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. General Provisions [9350 - 9364] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9350. The rights of all persons furnishing work pursuant to a public works contract, with respect to any fund for payment of construction costs, are governed exclusively by this chapter, and no person may assert any legal or equitable right with respect to that fund, other than a right created by direct written contract between the person and the person holding the fund, except pursuant to the provisions of this chapter. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  62. 9352.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. General Provisions [9350 - 9364] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A claimant’s stop payment notice must be signed and verified, must include a general description and value estimate of the work to be provided, and may claim only amounts due for work provided through the notice date.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. General Provisions [9350 - 9364] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9352. (a) A stop payment notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1, and shall be signed and verified by the claimant. (b) The notice shall include a general description of work to be provided, and an estimate of the total amount in value of the work to be provided. (c) The amount claimed in the notice may include only the amount due the claimant for work provided through the date of the notice. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  63. 9354.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. General Provisions [9350 - 9364] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A stop payment notice must generally follow Chapter 2 requirements, but for certain public works contracts it must be given to specified public entity officials or bodies.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. General Provisions [9350 - 9364] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9354. (a) Except as provided in subdivision (b), a stop payment notice shall be given in compliance with the requirements of Chapter 2 (commencing with Section 8100) of Title 1. (b) A stop payment notice shall be given to the public entity by giving the notice to the following person: (1) In the case of a public works contract of the state, the director of the department that awarded the contract. (2) In the case of a public works contract of a public entity other than the state, the office of the controller, auditor, or other public disbursing officer whose duty it is to make payment pursuant to the contract, or the commissioners, managers, trustees, officers, board of supervisors, board of trustees, common council, or other body by which the contract was awarded. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  64. 9356.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. General Provisions [9350 - 9364] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A stop payment notice only works if it is given within the required time limit.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. General Provisions [9350 - 9364] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9356. A stop payment notice is not effective unless given before the expiration of whichever of the following time periods is applicable: (a) If a notice of completion, acceptance, or cessation is recorded, 30 days after that recordation. (b) If a notice of completion, acceptance, or cessation is not recorded, 90 days after cessation or completion. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  65. 9358.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. General Provisions [9350 - 9364] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    When a public entity receives a stop payment notice, it must withhold enough money from the direct contractor to cover the stated claim and reasonable litigation costs.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. General Provisions [9350 - 9364] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9358. (a) The public entity shall, on receipt of a stop payment notice, withhold from the direct contractor sufficient funds due or to become due to the direct contractor to pay the claim stated in the stop payment notice and to provide for the public entity’s reasonable cost of any litigation pursuant to the stop payment notice. (b) The public entity may satisfy its duty under this section by refusing to release funds held in escrow under Section 10263 or 22300 of the Public Contract Code. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  66. 936.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. )

    Verify source ↗

    This section says the other chapters of this title apply to certain construction-related actors when they caused a standard violation through negligence or breach of contract, and it lets them raise common law and contractual defenses.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 936. Each and every provision of the other chapters of this title apply to general contractors, subcontractors, material suppliers, individual product manufacturers, and design professionals to the extent that the general contractors, subcontractors, material suppliers, individual product manufacturers, and design professionals caused, in whole or in part, a violation of a particular standard as the result of a negligent act or omission or a breach of contract. In addition to the affirmative defenses set forth in Section 945.5, a general contractor, subcontractor, material supplier, design professional, individual product manufacturer, or other entity may also offer common law and contractual defenses as applicable to any claimed violation of a standard. All actions by a claimant or builder to enforce an express contract, or any provision thereof, against a general contractor, subcontractor, material supplier, individual product manufacturer, or design professional is preserved. Nothing in this title modifies the law pertaining to joint and several liability for builders, general contractors, subcontractors, material suppliers, individual product manufacturer, and design professionals that contribute to any specific violation of this title. However, the negligence standard in this section does not apply to any general contractor, subcontractor, material supplier, individual product manufacturer, or design professional with respect to claims for which strict liability would apply. (Amended by Stats. 2003, Ch. 762, Sec. 5. Effective January 1, 2004.)
  67. 9360.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. General Provisions [9350 - 9364] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This section says payment to a direct contractor or the contractor’s assignee is not barred in certain situations.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. General Provisions [9350 - 9364] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9360. (a) This chapter does not prohibit payment of funds to a direct contractor or a direct contractor’s assignee if a stop payment notice is not received before the disbursing officer actually surrenders possession of the funds. (b) This chapter does not prohibit payment of any amount due to a direct contractor or a direct contractor’s assignee in excess of the amount necessary to pay the total amount of all claims stated in stop payment notices received by the public entity at the time of payment plus any interest and court costs that might reasonably be anticipated in connection with the claims. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  68. 9362.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. General Provisions [9350 - 9364] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A public entity must notify a claimant within 10 days after certain public works events, telling the claimant when a payment-enforcement action must be started.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. General Provisions [9350 - 9364] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9362. (a) Not later than 10 days after each of the following events, the public entity shall give notice to a claimant that has given a stop payment notice of the time within which an action to enforce payment of the claim stated in the stop payment notice must be commenced: (1) Completion of a public works contract, whether by acceptance or cessation. (2) Recordation of a notice of cessation or completion. (b) The notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1. (c) A public entity need not give notice under this section unless the claimant has paid the public entity ten dollars ($10) at the time of giving the stop payment notice. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  69. 9364.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. General Provisions [9350 - 9364] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A public entity may allow a release bond, but once it receives one it must not withhold funds from the direct contractor under the stop payment notice.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 1. General Provisions [9350 - 9364] ( Article 1 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9364. (a) A public entity may, in its discretion, permit the direct contractor to give the public entity a release bond. The bond shall be executed by an admitted surety insurer, in an amount equal to 125 percent of the claim stated in the stop payment notice, conditioned for the payment of any amount the claimant recovers in an action on the claim, together with court costs if the claimant prevails. (b) On receipt of a release bond, the public entity shall not withhold funds from the direct contractor pursuant to the stop payment notice. (c) The surety on a release bond is jointly and severally liable to the claimant with the sureties on any payment bond given under Chapter 5 (commencing with Section 9550). (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  70. 937.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. )

    Verify source ↗

    This section says the title does not remove the duty to comply with Code of Civil Procedure Section 411.35 and does not change liability for certain design professionals for claims and damages outside the title.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 937. Nothing in this title shall be interpreted to eliminate or abrogate the requirement to comply with Section 411.35 of the Code of Civil Procedure or to affect the liability of design professionals, including architects and architectural firms, for claims and damages not covered by this title. (Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
  71. 938.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. )

    Verify source ↗

    This title applies only to new residential units with purchase agreements signed by the seller on or after January 1, 2003.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 4. Prelitigation Procedure [910 - 938] ( Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 938. This title applies only to new residential units where the purchase agreement with the buyer was signed by the seller on or after January 1, 2003. (Amended by Stats. 2003, Ch. 762, Sec. 6. Effective January 1, 2004.)
  72. 9400.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Summary Proceeding for Release of Funds [9400 - 9414] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A direct contractor may seek release of funds withheld under a stop payment notice through the summary proceeding in this article if one of the listed grounds is met.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Summary Proceeding for Release of Funds [9400 - 9414] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9400. A direct contractor may obtain release of funds withheld pursuant to a stop payment notice under the summary proceeding provided in this article on any of the following grounds: (a) The claim on which the notice is based is not a type for which a stop payment notice is authorized under this chapter. (b) The claimant is not a person authorized under Section 9100 to give a stop payment notice. (c) The amount of the claim stated in the stop payment notice is excessive. (d) There is no basis for the claim stated in the stop payment notice. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  73. 9402.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Summary Proceeding for Release of Funds [9400 - 9414] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A direct contractor must serve the public entity an affidavit and a copy of it, and the affidavit must include specified information.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Summary Proceeding for Release of Funds [9400 - 9414] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9402. The direct contractor shall serve on the public entity an affidavit, together with a copy of the affidavit, in compliance with the requirements of Chapter 2 (commencing with Section 8100) of Title 1, that includes all of the following information: (a) An allegation of the grounds for release of the funds and a statement of the facts supporting the allegation. (b) A demand for the release of all or the portion of the funds that are alleged to be withheld improperly or in an excessive amount. (c) A statement of the address of the contractor within the state for the purpose of permitting service by mail on the contractor of any notice or document. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  74. 9404.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Summary Proceeding for Release of Funds [9400 - 9414] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    The public entity must serve the claimant a copy of the direct contractor’s affidavit and a notice. The notice must set a response time of 10 to 20 days after service, and it must follow Chapter 2 notice requirements.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Summary Proceeding for Release of Funds [9400 - 9414] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9404. The public entity shall serve on the claimant a copy of the direct contractor’s affidavit, together with a notice stating that the public entity will release the funds withheld, or the portion of the funds demanded, unless the claimant serves on the public entity a counteraffidavit on or before the time stated in the notice. The time stated in the notice shall be not less than 10 days nor more than 20 days after service on the claimant of the copy of the affidavit. The notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  75. 9406.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Summary Proceeding for Release of Funds [9400 - 9414] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A claimant contesting the contractor’s affidavit must serve a counteraffidavit on the public entity, with proof of service on the direct contractor, within the time stated in the public entity’s notice.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Summary Proceeding for Release of Funds [9400 - 9414] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9406. (a) A claimant that contests the direct contractor’s affidavit shall serve on the public entity a counteraffidavit alleging the details of the claim and describing the specific basis on which the claimant contests or rebuts the allegations of the contractor’s affidavit. The counteraffidavit shall be served within the time stated in the public entity’s notice, together with proof of service of a copy of the counteraffidavit on the direct contractor. The service of the counteraffidavit on the public entity and the copy of the affidavit on the direct contractor shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1. (b) If no counteraffidavit with proof of service is served on the public entity within the time stated in the public entity’s notice, the public entity shall immediately release the funds, or the portion of the funds demanded by the affidavit, without further notice to the claimant, and the public entity is not liable in any manner for their release. (c) The public entity is not responsible for the validity of an affidavit or counteraffidavit under this article. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  76. 9408.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Summary Proceeding for Release of Funds [9400 - 9414] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    After a counteraffidavit is served, the direct contractor or claimant may start an action and may ask the court to determine the parties’ rights. The moving party must give at least five days’ notice to the public entity and the other party, and the court must hear the motion within 15 days unless it continues the hearing for good cause.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Summary Proceeding for Release of Funds [9400 - 9414] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9408. (a) If a counteraffidavit, together with proof of service, is served under Section 9406, either the direct contractor or the claimant may commence an action for a declaration of the rights of the parties. (b) After commencement of the action, either the direct contractor or the claimant may move the court for a determination of rights under the affidavit and counteraffidavit. The party making the motion shall give not less than five days’ notice of the hearing to the public entity and to the other party. (c) The notice of hearing shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1. Notwithstanding Section 8116, when notice of the hearing is made by mail, the notice is complete on the fifth day following deposit of the notice in the mail. (d) The court shall hear the motion within 15 days after the date of the motion, unless the court continues the hearing for good cause. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  77. 941.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 5. Procedure [941 - 945.5] ( Chapter 5 added by Stats. 2002, Ch. 722, Sec. 3. )

    Verify source ↗

    Claims under this title must be brought within 10 years after substantial completion, and no later than the date a valid notice of completion is recorded, subject to listed exceptions.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 5. Procedure [941 - 945.5] ( Chapter 5 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 941. (a) Except as specifically set forth in this title, no action may be brought to recover under this title more than 10 years after substantial completion of the improvement but not later than the date of recordation of a valid notice of completion. (b) As used in this section, “action” includes an action for indemnity brought against a person arising out of that person’s performance or furnishing of services or materials referred to in this title, except that a cross-complaint for indemnity may be filed pursuant to subdivision (b) of Section 428.10 of the Code of Civil Procedure in an action which has been brought within the time period set forth in subdivision (a). (c) The limitation prescribed by this section may not be asserted by way of defense by any person in actual possession or the control, as owner, tenant or otherwise, of such an improvement, at the time any deficiency in the improvement constitutes the proximate cause for which it is proposed to make a claim or bring an action. (d) Sections 337.15 and 337.1 of the Code of Civil Procedure do not apply to actions under this title. (e) Existing statutory and decisional law regarding tolling of the statute of limitations shall apply to the time periods for filing an action or making a claim under this title, except that repairs made pursuant to Chapter 4 (commencing with Section 910), with the exception of the tolling provision contained in Section 927, do not extend the period for filing an action, or restart the time limitations contained in subdivision (a) or (b) of Section 7091 of the Business and Professions Code. If a builder arranges for a contractor to perform a repair pursuant to Chapter 4 (commencing with Section 910), as to the builder the time period for calculating the statute of limitation in subdivision (a) or (b) of Section 7091 of the Business and Professions Code shall pertain to the substantial completion of the original construction and not to the date of repairs under this title. The time limitations established by this title do not apply to any action by a claimant for a contract or express contractual provision. Causes of action and damages to which this chapter does not apply are not limited by this section. (Amended by Stats. 2003, Ch. 762, Sec. 7. Effective January 1, 2004.)
  78. 9410.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Summary Proceeding for Release of Funds [9400 - 9414] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    The public entity must file the affidavit and counteraffidavit with the court, and the direct contractor bears the burden of proof at the hearing.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Summary Proceeding for Release of Funds [9400 - 9414] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9410. (a) The affidavit and counteraffidavit shall be filed with the court by the public entity and shall constitute the pleadings, subject to the power of the court to permit an amendment in the interest of justice. The affidavit of the direct contractor shall be deemed controverted by the counteraffidavit of the claimant, and both shall be received in evidence. (b) At the hearing, the direct contractor has the burden of proof. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  79. 9412.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Summary Proceeding for Release of Funds [9400 - 9414] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    In a summary proceeding under this article, the court handles the hearing and issues the order on the release demand; if needed, it can continue the hearing for more evidence, and the direct contractor must serve the court’s order on the public entity.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Summary Proceeding for Release of Funds [9400 - 9414] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9412. (a) No findings are required in a summary proceeding under this article. (b) If at the hearing no evidence other than the affidavit and counteraffidavit is offered, the court may, if satisfied that sufficient facts are shown, make a determination on the basis of the affidavit and counteraffidavit. If the court is not satisfied that sufficient facts are shown, the court shall order the hearing continued for production of other evidence, oral or documentary, or the filing of other affidavits and counteraffidavits. (c) At the conclusion of the hearing, the court shall make an order determining whether the demand for release is allowed. The court’s order is determinative of the right of the claimant to have funds further withheld by the public entity. (d) The direct contractor shall serve a copy of the court’s order on the public entity in compliance with the requirements of Chapter 2 (commencing with Section 8100) of Title 1. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  80. 9414.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Summary Proceeding for Release of Funds [9400 - 9414] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A summary proceeding determination under this article does not bar the claimant from later suing the principal or surety on a payment bond, or a personally liable party.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 2. Summary Proceeding for Release of Funds [9400 - 9414] ( Article 2 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9414. A determination in a summary proceeding under this article is not res judicata with respect to a right of action by the claimant against either the principal or surety on a payment bond or with respect to a right of action against a party personally liable to the claimant. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  81. 942.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 5. Procedure [941 - 945.5] ( Chapter 5 added by Stats. 2002, Ch. 722, Sec. 3. )

    Verify source ↗

    A homeowner bringing a Chapter 2 construction-defect claim must show the home does not meet the applicable standard, subject to Section 945.5 defenses.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 5. Procedure [941 - 945.5] ( Chapter 5 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 942. In order to make a claim for violation of the standards set forth in Chapter 2 (commencing with Section 896), a homeowner need only demonstrate, in accordance with the applicable evidentiary standard, that the home does not meet the applicable standard, subject to the affirmative defenses set forth in Section 945.5. No further showing of causation or damages is required to meet the burden of proof regarding a violation of a standard set forth in Chapter 2 (commencing with Section 896), provided that the violation arises out of, pertains to, or is related to, the original construction. (Added by Stats. 2003, Ch. 762, Sec. 9. Effective January 1, 2004.)
  82. 943.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 5. Procedure [941 - 945.5] ( Chapter 5 added by Stats. 2002, Ch. 722, Sec. 3. )

    Verify source ↗

    This section limits other lawsuits for covered construction-defect claims, with specific exceptions, and caps a detached single-family homeowner’s recovery for repairing a nonconformity.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 5. Procedure [941 - 945.5] ( Chapter 5 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 943. (a) Except as provided in this title, no other cause of action for a claim covered by this title or for damages recoverable under Section 944 is allowed. In addition to the rights under this title, this title does not apply to any action by a claimant to enforce a contract or express contractual provision, or any action for fraud, personal injury, or violation of a statute. Damages awarded for the items set forth in Section 944 in such other cause of action shall be reduced by the amounts recovered pursuant to Section 944 for violation of the standards set forth in this title. (b) As to any claims involving a detached single-family home, the homeowner’s right to the reasonable value of repairing any nonconformity is limited to the repair costs, or the diminution in current value of the home caused by the nonconformity, whichever is less, subject to the personal use exception as developed under common law. (Added by renumbering Section 942 by Stats. 2003, Ch. 762, Sec. 8. Effective January 1, 2004.)
  83. 944.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 5. Procedure [941 - 945.5] ( Chapter 5 added by Stats. 2002, Ch. 722, Sec. 3. )

    Verify source ↗

    If a homeowner makes a damages claim under this title, the homeowner is entitled only to the listed categories of damages.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 5. Procedure [941 - 945.5] ( Chapter 5 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 944. If a claim for damages is made under this title, the homeowner is only entitled to damages for the reasonable value of repairing any violation of the standards set forth in this title, the reasonable cost of repairing any damages caused by the repair efforts, the reasonable cost of repairing and rectifying any damages resulting from the failure of the home to meet the standards, the reasonable cost of removing and replacing any improper repair by the builder, reasonable relocation and storage expenses, lost business income if the home was used as a principal place of a business licensed to be operated from the home, reasonable investigative costs for each established violation, and all other costs or fees recoverable by contract or statute. (Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
  84. 945.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 5. Procedure [941 - 945.5] ( Chapter 5 added by Stats. 2002, Ch. 722, Sec. 3. )

    Verify source ↗

    This section makes the title’s provisions, standards, rights, and obligations binding on original purchasers and their successors-in-interest, and gives certain associations and others standing to enforce them.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 5. Procedure [941 - 945.5] ( Chapter 5 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 945. The provisions, standards, rights, and obligations set forth in this title are binding upon all original purchasers and their successors-in-interest. For purposes of this title, associations and others having the rights set forth in Sections 5980 and 5985 shall be considered to be original purchasers and shall have standing to enforce the provisions, standards, rights, and obligations set forth in this title. (Amended by Stats. 2018, Ch. 92, Sec. 34. (SB 1289) Effective January 1, 2019.)
  85. 945.5.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 5. Procedure [941 - 945.5] ( Chapter 5 added by Stats. 2002, Ch. 722, Sec. 3. )

    Verify source ↗

    Builders and related construction professionals may be excused from liability for certain construction-defect claims if they prove one of several listed affirmative defenses.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. ) ## TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895 - 945.5] ( Title 7 added by Stats. 2002, Ch. 722, Sec. 3. ) ## CHAPTER 5. Procedure [941 - 945.5] ( Chapter 5 added by Stats. 2002, Ch. 722, Sec. 3. ) ## 945.5. A builder, general contractor, subcontractor, material supplier, individual product manufacturer, or design professional, under the principles of comparative fault pertaining to affirmative defenses, may be excused, in whole or in part, from any obligation, damage, loss, or liability if the builder, general contractor, subcontractor, material supplier, individual product manufacturer, or design professional, can demonstrate any of the following affirmative defenses in response to a claimed violation: (a) To the extent it is caused by an unforeseen act of nature which caused the structure not to meet the standard. For purposes of this section an “unforeseen act of nature” means a weather condition, earthquake, or manmade event such as war, terrorism, or vandalism, in excess of the design criteria expressed by the applicable building codes, regulations, and ordinances in effect at the time of original construction. (b) To the extent it is caused by a homeowner’s unreasonable failure to minimize or prevent those damages in a timely manner, including the failure of the homeowner to allow reasonable and timely access for inspections and repairs under this title. This includes the failure to give timely notice to the builder after discovery of a violation, but does not include damages due to the untimely or inadequate response of a builder to the homeowner’s claim. (c) To the extent it is caused by the homeowner or his or her agent, employee, general contractor, subcontractor, independent contractor, or consultant by virtue of their failure to follow the builder’s or manufacturer’s recommendations, or commonly accepted homeowner maintenance obligations. In order to rely upon this defense as it relates to a builder’s recommended maintenance schedule, the builder shall show that the homeowner had written notice of these schedules and recommendations and that the recommendations and schedules were reasonable at the time they were issued. (d) To the extent it is caused by the homeowner or his or her agent’s or an independent third party’s alterations, ordinary wear and tear, misuse, abuse, or neglect, or by the structure’s use for something other than its intended purpose. (e) To the extent that the time period for filing actions bars the claimed violation. (f) As to a particular violation for which the builder has obtained a valid release. (g) To the extent that the builder’s repair was successful in correcting the particular violation of the applicable standard. (h) As to any causes of action to which this statute does not apply, all applicable affirmative defenses are preserved. (Amended by Stats. 2003, Ch. 762, Sec. 10. Effective January 1, 2004.)
  86. 9450.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Distribution of Funds Withheld [9450 - 9456] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    If withheld funds are not enough to pay all stop payment notice claimants in full, the funds must be shared among them in proportion to each claim.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Distribution of Funds Withheld [9450 - 9456] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9450. If funds withheld pursuant to a stop payment notice are insufficient to pay in full the claims of all persons who have given a stop payment notice, the funds shall be distributed among the claimants in the ratio that the claim of each bears to the aggregate of all claims for which a stop payment notice is given, without regard to the order in which the notices were given or enforcement actions were commenced. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  87. 9452.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Distribution of Funds Withheld [9450 - 9456] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    This section preserves a claimant’s right to recover any unpaid deficit from the direct contractor or the contractor’s sureties in a payment bond action.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Distribution of Funds Withheld [9450 - 9456] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9452. Nothing in this chapter impairs the right of a claimant to recover from the direct contractor or the contractor’s sureties in an action on a payment bond under Chapter 5 (commencing with Section 9550) any deficit that remains unpaid after the distribution under Section 9450. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  88. 9454.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Distribution of Funds Withheld [9450 - 9456] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A person who willfully files a false stop payment notice, or willfully includes work not covered by the public works contract, loses the right to participate in the distribution under Section 9450.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Distribution of Funds Withheld [9450 - 9456] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9454. A person that willfully gives a false stop payment notice to the public entity or that willfully includes in the notice work not provided for the public works contract for which the stop payment notice is given forfeits all right to participate in the distribution under Section 9450. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  89. 9456.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Distribution of Funds Withheld [9450 - 9456] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A stop payment notice has priority over a direct contractor’s assignment, and garnishments and statutory liens are subordinate to the claimant’s rights.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 3. Distribution of Funds Withheld [9450 - 9456] ( Article 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9456. (a) A stop payment notice takes priority over an assignment by a direct contractor of any amount due or to become due pursuant to a public works contract, including contract changes, whether made before or after the giving of a stop payment notice, and the assignment has no effect on the rights of the claimant. (b) Any garnishment of an amount due or to become due pursuant to a public works contract by a creditor of a direct contractor under Article 8 (commencing with Section 708.710) of Chapter 6 of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure and any statutory lien on that amount is subordinate to the rights of a claimant. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  90. 946.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 3. PERSONAL OR MOVABLE PROPERTY [946 - 998] ( Part 3 enacted 1872. ) ## TITLE 1. PERSONAL PROPERTY IN GENERAL [946- 946.] ( Title 1 enacted 1872. )

    Verify source ↗

    Personal property is treated as following its owner and is governed by the owner’s domicile law, unless a different law applies.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 3. PERSONAL OR MOVABLE PROPERTY [946 - 998] ( Part 3 enacted 1872. ) ## TITLE 1. PERSONAL PROPERTY IN GENERAL [946- 946.] ( Title 1 enacted 1872. ) ## 946. If there is no law to the contrary, in the place where personal property is situated, it is deemed to follow the person of its owner, and is governed by the law of his domicile. (Added by Code Amendments 1875-76, Ch. 167.)
  91. 9500.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 4. Enforcement of Payment of Claim Stated in Stop Payment Notice [9500 - 9510] ( Article 4 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A claimant may not enforce payment of a claim stated in a stop payment notice unless the claimant gave the required preliminary notice and served the stop payment notice on time.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 4. Enforcement of Payment of Claim Stated in Stop Payment Notice [9500 - 9510] ( Article 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9500. (a) A claimant may not enforce payment of the claim stated in a stop payment notice unless the claimant has complied with all of the following conditions: (1) The claimant has given preliminary notice to the extent required by Chapter 3 (commencing with Section 9300). (2) The claimant has given the stop payment notice within the time provided in Section 9356. (b) The claim filing procedures of Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Government Code do not apply to an action under this article. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  92. 9502.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 4. Enforcement of Payment of Claim Stated in Stop Payment Notice [9500 - 9510] ( Article 4 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    The claimant must sue the public entity and direct contractor to enforce payment of a stop payment notice claim within the stated time limits.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 4. Enforcement of Payment of Claim Stated in Stop Payment Notice [9500 - 9510] ( Article 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9502. (a) The claimant shall commence an action against the public entity and the direct contractor to enforce payment of the claim stated in a stop payment notice at any time after 10 days from the date the claimant gives the stop payment notice. (b) The claimant shall commence an action against the public entity and the direct contractor to enforce payment of the claim stated in a stop payment notice not later than 90 days after expiration of the time within which a stop payment notice must be given. (c) An action under this section may not be brought to trial or judgment entered before expiration of the time provided in subdivision (b). (d) If a claimant does not commence an action to enforce payment of the claim stated in a stop payment notice within the time provided in subdivision (b), the notice ceases to be effective and the public entity shall release funds withheld pursuant to the notice. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  93. 9504.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 4. Enforcement of Payment of Claim Stated in Stop Payment Notice [9500 - 9510] ( Article 4 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    The claimant must give the public entity notice that the enforcement action has started, and must do so within five days after the action begins.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 4. Enforcement of Payment of Claim Stated in Stop Payment Notice [9500 - 9510] ( Article 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9504. Within five days after commencement of an action to enforce payment of the claim stated in a stop payment notice, the claimant shall give notice of commencement of the action to the public entity in the same manner that a stop payment notice is given. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  94. 9506.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 4. Enforcement of Payment of Claim Stated in Stop Payment Notice [9500 - 9510] ( Article 4 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    When more than one claimant has filed a stop payment notice, they may join in one enforcement action, the first court with jurisdiction may consolidate separate actions, and the court must join all claimants in one action if the public entity requests it.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 4. Enforcement of Payment of Claim Stated in Stop Payment Notice [9500 - 9510] ( Article 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9506. If more than one claimant has given a stop payment notice: (a) Any number of claimants may join in the same enforcement action. (b) If claimants commence separate actions, the court that first acquires jurisdiction may order the actions consolidated. (c) On request of the public entity, the court shall require that all claimants be impleaded in one action and shall adjudicate the rights of all parties in the action. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  95. 9508.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 4. Enforcement of Payment of Claim Stated in Stop Payment Notice [9500 - 9510] ( Article 4 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    If an action to enforce payment of a stop payment notice claim is not brought to trial within two years after it starts, the court may dismiss it for want of prosecution.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 4. Enforcement of Payment of Claim Stated in Stop Payment Notice [9500 - 9510] ( Article 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9508. Notwithstanding Section 583.420 of the Code of Civil Procedure, if an action to enforce payment of the claim stated in a stop payment notice is not brought to trial within two years after commencement of the action, the court may in its discretion dismiss the action for want of prosecution. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  96. 9510.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 4. Enforcement of Payment of Claim Stated in Stop Payment Notice [9500 - 9510] ( Article 4 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A stop payment notice stops being effective in specified cases, and the public entity must release withheld funds.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 4. Stop Payment Notice [9350 - 9510] ( Chapter 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## ARTICLE 4. Enforcement of Payment of Claim Stated in Stop Payment Notice [9500 - 9510] ( Article 4 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9510. A stop payment notice ceases to be effective, and the public entity shall release funds withheld, in either of the following circumstances: (a) An action to enforce payment of the claim stated in the stop payment notice is dismissed, unless expressly stated to be without prejudice. (b) Judgment in an action to enforce payment of the claim stated in the stop payment notice is against the claimant. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  97. 954.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 3. PERSONAL OR MOVABLE PROPERTY [946 - 998] ( Part 3 enacted 1872. ) ## TITLE 2. PARTICULAR KINDS OF PERSONAL PROPERTY [[953.] - 998] ( Title 2 enacted 1872. ) ## CHAPTER 1. Things in Action [[953.] - 955.1] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Transfer of Things in Action [[953.] - 955.1] ( Heading of Article 1 added by Stats. 1949, Ch. 1380, Sec. 1. )

    Verify source ↗

    The owner may transfer a thing in action that arises from a property-right violation or from an obligation.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 3. PERSONAL OR MOVABLE PROPERTY [946 - 998] ( Part 3 enacted 1872. ) ## TITLE 2. PARTICULAR KINDS OF PERSONAL PROPERTY [[953.] - 998] ( Title 2 enacted 1872. ) ## CHAPTER 1. Things in Action [[953.] - 955.1] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Transfer of Things in Action [[953.] - 955.1] ( Heading of Article 1 added by Stats. 1949, Ch. 1380, Sec. 1. ) ## 954. A thing in action, arising out of the violation of a right of property, or out of an obligation, may be transferred by the owner. (Amended by Stats. 1990, Ch. 79, Sec. 2. Operative July 1, 1991, by Sec. 37 of Ch. 79, as amended by Stats. 1990, Ch. 710, Sec. 46.)
  98. 954.5.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 3. PERSONAL OR MOVABLE PROPERTY [946 - 998] ( Part 3 enacted 1872. ) ## TITLE 2. PARTICULAR KINDS OF PERSONAL PROPERTY [[953.] - 998] ( Title 2 enacted 1872. ) ## CHAPTER 1. Things in Action [[953.] - 955.1] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Transfer of Things in Action [[953.] - 955.1] ( Heading of Article 1 added by Stats. 1949, Ch. 1380, Sec. 1. )

    Verify source ↗

    A judgment-right transfer is treated as perfected against third persons when a written assignment is executed and delivered to the transferee.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 3. PERSONAL OR MOVABLE PROPERTY [946 - 998] ( Part 3 enacted 1872. ) ## TITLE 2. PARTICULAR KINDS OF PERSONAL PROPERTY [[953.] - 998] ( Title 2 enacted 1872. ) ## CHAPTER 1. Things in Action [[953.] - 955.1] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Transfer of Things in Action [[953.] - 955.1] ( Heading of Article 1 added by Stats. 1949, Ch. 1380, Sec. 1. ) ## 954.5. (a) Subject to subdivisions (b) and (c), a transfer of a right represented by a judgment excluded from coverage of Division 9 of the Commercial Code by paragraph (9) of subdivision (d) of Section 9109 of the Commercial Code shall be deemed perfected as against third persons upon there being executed and delivered to the transferee an assignment thereof in writing. (b) As between bona fide assignees of the same right for value without notice, the assignee who first becomes an assignee of record, by filing an acknowledgment of assignment of judgment with the court as provided in Section 673 of the Code of Civil Procedure or otherwise becoming an assignee of record, has priority. (c) The filing of an acknowledgment of assignment of the judgment with the court under Section 673 of the Code of Civil Procedure is not, of itself, notice to the judgment debtor so as to invalidate any payments made by the judgment debtor that would otherwise be applied to the satisfaction of the judgment. (Amended by Stats. 1999, Ch. 991, Sec. 1.8. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  99. 955.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 3. PERSONAL OR MOVABLE PROPERTY [946 - 998] ( Part 3 enacted 1872. ) ## TITLE 2. PARTICULAR KINDS OF PERSONAL PROPERTY [[953.] - 998] ( Title 2 enacted 1872. ) ## CHAPTER 1. Things in Action [[953.] - 955.1] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Transfer of Things in Action [[953.] - 955.1] ( Heading of Article 1 added by Stats. 1949, Ch. 1380, Sec. 1. )

    Verify source ↗

    Certain written assignments or endorsements of specified transfers are perfected against third parties when delivered as required.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 3. PERSONAL OR MOVABLE PROPERTY [946 - 998] ( Part 3 enacted 1872. ) ## TITLE 2. PARTICULAR KINDS OF PERSONAL PROPERTY [[953.] - 998] ( Title 2 enacted 1872. ) ## CHAPTER 1. Things in Action [[953.] - 955.1] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Transfer of Things in Action [[953.] - 955.1] ( Heading of Article 1 added by Stats. 1949, Ch. 1380, Sec. 1. ) ## 955. A transfer other than one intended to create a security interest (paragraph (1) or (3) of subdivision (a) of Section 9109 of the Commercial Code) of a nonnegotiable instrument which is otherwise negotiable within Division 3 of the Commercial Code but which is not payable to order or to bearer and a sale of accounts, chattel paper, payment intangibles, or promissory notes as part of a sale of the business out of which they arose (paragraph (4) of subdivision (d) of Section 9109 of the Commercial Code) shall be deemed perfected against third persons when such property rights have been endorsed or assigned in writing and in the case of such instruments or chattel paper delivered to the transferee, whether or not notice of such transfer or sale has been given to the obligor; but such endorsement, assignment, or delivery is not, of itself, notice to the obligor so as to invalidate any payments made by the obligor to the transferor. (Amended by Stats. 1999, Ch. 991, Sec. 2. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  100. 955.1.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 3. PERSONAL OR MOVABLE PROPERTY [946 - 998] ( Part 3 enacted 1872. ) ## TITLE 2. PARTICULAR KINDS OF PERSONAL PROPERTY [[953.] - 998] ( Title 2 enacted 1872. ) ## CHAPTER 1. Things in Action [[953.] - 955.1] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Transfer of Things in Action [[953.] - 955.1] ( Heading of Article 1 added by Stats. 1949, Ch. 1380, Sec. 1. )

    Verify source ↗

    Certain assignments of payment intangibles and related receivables are treated as perfected against third persons when a written assignment is executed and delivered to the transferee.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 3. PERSONAL OR MOVABLE PROPERTY [946 - 998] ( Part 3 enacted 1872. ) ## TITLE 2. PARTICULAR KINDS OF PERSONAL PROPERTY [[953.] - 998] ( Title 2 enacted 1872. ) ## CHAPTER 1. Things in Action [[953.] - 955.1] ( Chapter 1 enacted 1872. ) ## ARTICLE 1. Transfer of Things in Action [[953.] - 955.1] ( Heading of Article 1 added by Stats. 1949, Ch. 1380, Sec. 1. ) ## 955.1. (a) Except as provided in Sections 954.5 and 955 and subject to subdivisions (b) and (c), a transfer other than one intended to create a security interest pursuant to paragraph (1) or (3) of subdivision (a) of Section 9109 of the Commercial Code, of any payment intangible, as defined in Section 9102 of the Commercial Code, and any transfer of accounts, chattel paper, payment intangibles, or promissory notes excluded from the coverage of Division 9 of the Commercial Code by paragraph (4) of subdivision (d) of Section 9109 of the Commercial Code shall be deemed perfected as against third persons upon there being executed and delivered to the transferee an assignment thereof in writing. (b) As between bona fide assignees of the same right for value without notice, the assignee first giving notice of the right to the obligor in writing has priority. (c) The assignment is not, of itself, notice to the obligor so as to invalidate any payments made by the obligor to the transferor. (d) This section does not apply to transfers or assignments of water supply property, as defined in Section 849 of the Public Utilities Code. (e) This section does not apply to transfers or assignments of recovery property, as defined in Section 848 of the Public Utilities Code. (Amended by Stats. 2014, Ch. 482, Sec. 2. (SB 936) Effective January 1, 2015.)
  101. 9550.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Payment Bond [9550 - 9566] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    Direct contractors on covered public works contracts over $25,000 must give a payment bond before work starts, and the public entity must say so in bid calls.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Payment Bond [9550 - 9566] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9550. (a) A direct contractor that is awarded a public works contract involving an expenditure in excess of twenty-five thousand dollars ($25,000) shall, before commencement of work, give a payment bond to and approved by the officer or public entity by whom the contract was awarded. (b) A public entity shall state in its call for bids that a payment bond is required for a public works contract involving an expenditure in excess of twenty-five thousand dollars ($25,000). (c) A payment bond given and approved under this section will permit performance of and provide coverage for work pursuant to a public works contract that supplements the contract for which the bond is given, if the requirement of a new bond is waived by the public entity. (d) For the purpose of this section, a design professional is not deemed a direct contractor and is not required to give a payment bond. (e) This section does not apply to a public works contract with a “state entity” as defined in subdivision (d) of Section 7103 of the Public Contract Code. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  102. 9552.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Payment Bond [9550 - 9566] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    If no required payment bond is given and approved, the public entity and its officers must not audit, allow, or pay the direct contractor’s claim, and the claimant is to be paid under the stop payment notice rules.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Payment Bond [9550 - 9566] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9552. If a payment bond is not given and approved as required by Section 9550: (a) Neither the public entity awarding the public works contract nor any officer of the public entity shall audit, allow, or pay a claim of the direct contractor pursuant to the contract. (b) A claimant shall receive payment of a claim pursuant to a stop payment notice in the manner provided by Chapter 4 (commencing with Section 9350). (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  103. 9554.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Payment Bond [9550 - 9566] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A public works payment bond must meet minimum form, amount, and issuer requirements, and it must cover specified unpaid amounts; the direct contractor may also require a subcontractor bond.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Payment Bond [9550 - 9566] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9554. (a) A payment bond shall be in an amount not less than 100 percent of the total amount payable pursuant to the public works contract. The bond shall be in the form of a bond and not a deposit in lieu of a bond. The bond shall be executed by an admitted surety insurer. (b) The payment bond shall provide that if the direct contractor or a subcontractor fails to pay any of the following, the surety will pay the obligation and, if an action is brought to enforce the liability on the bond, a reasonable attorney’s fee, to be fixed by the court: (1) A person authorized under Section 9100 to assert a claim against a payment bond. (2) Amounts due under the Unemployment Insurance Code with respect to work or labor performed pursuant to the public works contract. (3) Amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors under Section 13020 of the Unemployment Insurance Code with respect to the work and labor. (c) The payment bond shall be conditioned for the payment in full of the claims of all claimants and by its terms inure to the benefit of any person authorized under Section 9100 to assert a claim against a payment bond so as to give a right of action to that person or that person’s assigns in an action to enforce the liability on the bond. (d) The direct contractor may require that a subcontractor give a bond to indemnify the direct contractor for any loss sustained by the direct contractor because of any default of the subcontractor under this section. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  104. 9558.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Payment Bond [9550 - 9566] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A claimant may sue to enforce bond liability after stopping work, but only within the stated six-month limit.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Payment Bond [9550 - 9566] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9558. A claimant may commence an action to enforce the liability on the bond at any time after the claimant ceases to provide work, but not later than six months after the period in which a stop payment notice may be given under Section 9356. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  105. 9560.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Payment Bond [9550 - 9566] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    To enforce a payment-bond claim, a claimant must give the required preliminary notice, or in some cases give written notice to the surety and bond principal within the stated time limits.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Payment Bond [9550 - 9566] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9560. (a) In order to enforce a claim against a payment bond, a claimant shall give the preliminary notice provided in Chapter 3 (commencing with Section 9300). (b) If preliminary notice was not given as provided in Chapter 3 (commencing with Section 9300), a claimant may enforce a claim by giving written notice to the surety and the bond principal within 15 days after recordation of a notice of completion. If no notice of completion has been recorded, the time for giving written notice to the surety and the bond principal is extended to 75 days after completion of the work of improvement. (c) Commencing July 1, 2012, and except as provided in subdivision (b), if the preliminary notice was required to be given by a person who has no direct contractual relationship with the contractor, and who has not given notice as provided in Chapter 3 (commencing with Section 9300), that person may enforce a claim by giving written notice to the surety and the bond principal, as provided in Section 9562, within 15 days after recordation of a notice of completion. If no notice of completion has been recorded, the time for giving written notice to the surety and the bond principal is extended to 75 days after completion of the work of improvement. (d) Subdivision (c) shall not apply in either of the following circumstances: (1) All progress payments, except for those disputed in good faith, have been made to a subcontractor who has a direct contractual relationship with the general contractor to whom the claimant has provided materials or services. (2) The subcontractor who has a direct contractual relationship with the general contractor to whom the claimant has provided materials or services has been terminated from the project pursuant to the contract, and all progress payments, except those disputed in good faith, have been made as of the termination date. (e) Pursuant to Section 9300, this section shall not apply to a laborer, as defined under Section 8024. (f) This section shall become operative on July 1, 2012. (Amended (as to be added by Stats. 2010, Ch. 697) by Stats. 2011, Ch. 700, Sec. 4. (SB 293) Effective January 1, 2012. Section, as amended, operative July 1, 2012, by subd. (f). Note: Addition is operative July 1, 2012, by Stats. 2010, Ch. 697, Sec. 105.)
  106. 9562.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Payment Bond [9550 - 9566] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. )

    Verify source ↗

    A notice to the principal and surety under Section 9560 must meet the requirements of Chapter 2 starting with Section 8100 of Title 1.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Payment Bond [9550 - 9566] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9562. Notice to the principal and surety under Section 9560 shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  107. 9564.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Payment Bond [9550 - 9566] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. )

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    A claimant may sue to enforce a surety’s liability on a payment bond, even without giving a stop payment notice or suing the public entity first. If the claimant wins, the court must award a reasonable attorney’s fee.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Payment Bond [9550 - 9566] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9564. (a) A claimant may maintain an action to enforce the liability of a surety on a payment bond whether or not the claimant has given the public entity a stop payment notice. (b) A claimant may maintain an action to enforce the liability on the bond separately from and without commencement of an action against the public entity by whom the contract was awarded or against any officer of the public entity. (c) In an action to enforce the liability on the bond, the court shall award the prevailing party a reasonable attorney’s fee. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  108. 9566.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Payment Bond [9550 - 9566] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. )

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    A claimant may recover on a payment bond only if the claimant provided work to the direct contractor, directly or through subcontractors, under a public works contract.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 6. WORKS OF IMPROVEMENT [8000 - 9566] ( Part 6 added by Stats. 2010, Ch. 697, Sec. 20. ) ## TITLE 3. PUBLIC WORK OF IMPROVEMENT [9000 - 9566] ( Title 3 added by Stats. 2010, Ch. 697, Sec. 20. ) ## CHAPTER 5. Payment Bond [9550 - 9566] ( Chapter 5 added by Stats. 2010, Ch. 697, Sec. 20. ) ## 9566. (a) A claimant does not have a right to recover on a payment bond unless the claimant provided work to the direct contractor either directly or through one or more subcontractors pursuant to a public works contract. (b) Nothing in this section affects the stop payment notice rights of, and relative priorities among, design professionals. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
  109. 980.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 3. PERSONAL OR MOVABLE PROPERTY [946 - 998] ( Part 3 enacted 1872. ) ## TITLE 2. PARTICULAR KINDS OF PERSONAL PROPERTY [[953.] - 998] ( Title 2 enacted 1872. ) ## CHAPTER 3. Products of the Mind [980 - 989] ( Chapter 3 enacted 1872. )

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    Certain authors, inventors, and proprietors get exclusive ownership rights over specified works, recordings, inventions, or designs under the stated conditions.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 3. PERSONAL OR MOVABLE PROPERTY [946 - 998] ( Part 3 enacted 1872. ) ## TITLE 2. PARTICULAR KINDS OF PERSONAL PROPERTY [[953.] - 998] ( Title 2 enacted 1872. ) ## CHAPTER 3. Products of the Mind [980 - 989] ( Chapter 3 enacted 1872. ) ## 980. (a) (1) The author of any original work of authorship that is not fixed in any tangible medium of expression has an exclusive ownership in the representation or expression thereof as against all persons except one who orginally and independently creates the same or similar work. A work shall be considered not fixed when it is not embodied in a tangible medium of expression or when its embodiment in a tangible medium of expression is not sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration, either directly or with the aid of a machine or device. (2) The author of an original work of authorship consisting of a sound recording initially fixed prior to February 15, 1972, has an exclusive ownership therein until February 15, 2047, as against all persons except one who independently makes or duplicates another sound recording that does not directly or indirectly recapture the actual sounds fixed in such prior sound recording, but consists entirely of an independent fixation of other sounds, even though such sounds imitate or simulate the sounds contained in the prior sound recording. (b) The inventor or proprietor of any invention or design, with or without delineation, or other graphical representation, has an exclusive ownership therein, and in the representation or expression thereof, which continues so long as the invention or design and the representations or expressions thereof made by him remain in his possession. (Amended by Stats. 1982, Ch. 574, Sec. 2.)
  110. 981.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 3. PERSONAL OR MOVABLE PROPERTY [946 - 998] ( Part 3 enacted 1872. ) ## TITLE 2. PARTICULAR KINDS OF PERSONAL PROPERTY [[953.] - 998] ( Title 2 enacted 1872. ) ## CHAPTER 3. Products of the Mind [980 - 989] ( Chapter 3 enacted 1872. )

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    Unless the parties agree otherwise, jointly created uncopyrighted original works are owned equally by the people who created them. Jointly produced inventions or designs are owned equally if the invention or design is single; otherwise, ownership is split in proportion to each person’s contribution.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 3. PERSONAL OR MOVABLE PROPERTY [946 - 998] ( Part 3 enacted 1872. ) ## TITLE 2. PARTICULAR KINDS OF PERSONAL PROPERTY [[953.] - 998] ( Title 2 enacted 1872. ) ## CHAPTER 3. Products of the Mind [980 - 989] ( Chapter 3 enacted 1872. ) ## 981. (a) Unless otherwise agreed, an original work of authorship not fixed in any tangible medium of expression and in the creation of which several persons are jointly concerned, is owned by them in equal proportion. (b) Unless otherwise agreed, an invention or design in the production of which several persons are jointly concerned is owned by them as follows: (1) If the invention or design is single, in equal proportions. (2) If it is not single, in proportion to the contribution of each. (Amended by Stats. 1982, Ch. 574, Sec. 3.)
  111. 982.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 3. PERSONAL OR MOVABLE PROPERTY [946 - 998] ( Part 3 enacted 1872. ) ## TITLE 2. PARTICULAR KINDS OF PERSONAL PROPERTY [[953.] - 998] ( Title 2 enacted 1872. ) ## CHAPTER 3. Products of the Mind [980 - 989] ( Chapter 3 enacted 1872. )

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    This section lets certain owners transfer ownership or proprietary interests, and it sets special rules for the reproduction right in transferred fine art.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 3. PERSONAL OR MOVABLE PROPERTY [946 - 998] ( Part 3 enacted 1872. ) ## TITLE 2. PARTICULAR KINDS OF PERSONAL PROPERTY [[953.] - 998] ( Title 2 enacted 1872. ) ## CHAPTER 3. Products of the Mind [980 - 989] ( Chapter 3 enacted 1872. ) ## 982. (a) The owner of any rights in any original works of authorship not fixed in any tangible medium of expression may transfer the ownership therein. (b) The owner of any invention or design, or of any representation or expression thereof, may transfer his or her proprietary interest in it. (c) Notwithstanding any other provision in this section, whenever a work of fine art is transferred, whether by sale or on commission or otherwise, by or on behalf of the artist who created it, or that artist’s heir, legatee, or personal representative, the right of reproduction thereof is reserved to such artist or such heir, legatee, or personal representative until it passes into the public domain by act or operation of law, unless that right is expressly transferred by a document in writing in which reference is made to the specific right of reproduction, signed by the owner of the rights conveyed or that person’s duly authorized agent. If the transfer is pursuant to an employment relationship, the right of reproduction is transferred to the employer, unless it is expressly reserved in writing. If the transfer is pursuant to a legacy or inheritance, the right of reproduction is transferred to the legatee or heir, unless it is expressly reserved by will or codicil. Nothing contained herein, however, shall be construed to prohibit the fair use of such work of fine art. (d) As used in subdivision (c): (1) “Fine art” means any work of visual art, including but not limited to, a drawing, painting, sculpture, mosaic, or photograph, a work of calligraphy, work of graphic art (including an etching, lithograph, offset print, silk screen, or a work of graphic art of like nature), crafts (including crafts in clay, textile, fiber, wood, metal, plastic, and like materials), or mixed media (including a collage, assemblage, or any combination of the foregoing art media). (2) “Artist” means the creator of a work of fine art. (3) “Right of reproduction”, at the present state of commerce and technology shall be interpreted as including, but shall not be limited to, the following: reproduction of works of fine art as prints suitable for framing; facsimile casts of sculpture; reproductions used for greeting cards; reproductions in general books and magazines not devoted primarily to art, and in newspapers in other than art or news sections, when such reproductions in books, magazines, and newspapers are used for purposes similar to those of material for which the publishers customarily pay; art films; television, except from stations operated for educational purposes, or on programs for educational purposes from all stations; and reproductions used in any form of advertising, including magazines, calendars, newspapers, posters, billboards, films or television. (e) The amendments to this section made at the 1975–76 Regular Session shall only apply to transfers made on or after January 1, 1976. (Amended by Stats. 1982, Ch. 574, Sec. 4.)
  112. 983.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 3. PERSONAL OR MOVABLE PROPERTY [946 - 998] ( Part 3 enacted 1872. ) ## TITLE 2. PARTICULAR KINDS OF PERSONAL PROPERTY [[953.] - 998] ( Title 2 enacted 1872. ) ## CHAPTER 3. Products of the Mind [980 - 989] ( Chapter 3 enacted 1872. )

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    If an invention or design owner intentionally makes it public, anyone may make a copy or reproduction public.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 3. PERSONAL OR MOVABLE PROPERTY [946 - 998] ( Part 3 enacted 1872. ) ## TITLE 2. PARTICULAR KINDS OF PERSONAL PROPERTY [[953.] - 998] ( Title 2 enacted 1872. ) ## CHAPTER 3. Products of the Mind [980 - 989] ( Chapter 3 enacted 1872. ) ## 983. If the owner of any invention or design intentionally makes it public, a copy or reproduction may be made public by any person, without responsiblily to the owner, so far as the law of this state is concerned. (Amended by Stats. 1982, Ch. 574, Sec. 5.)
  113. 984.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 3. PERSONAL OR MOVABLE PROPERTY [946 - 998] ( Part 3 enacted 1872. ) ## TITLE 2. PARTICULAR KINDS OF PERSONAL PROPERTY [[953.] - 998] ( Title 2 enacted 1872. ) ## CHAPTER 3. Products of the Mind [980 - 989] ( Chapter 3 enacted 1872. )

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    If an invention or design is not made public, a later original producer of the same thing gets the same exclusive right as the prior inventor, except against the prior inventor and people claiming under them.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 3. PERSONAL OR MOVABLE PROPERTY [946 - 998] ( Part 3 enacted 1872. ) ## TITLE 2. PARTICULAR KINDS OF PERSONAL PROPERTY [[953.] - 998] ( Title 2 enacted 1872. ) ## CHAPTER 3. Products of the Mind [980 - 989] ( Chapter 3 enacted 1872. ) ## 984. If the owner of an invention or design does not make it public, any other person subsequently and originally producing the same thing has the same right therein as the prior inventor, which is exclusive to the same extent against all persons except the prior inventor, or those claiming under him. (Added by Stats. 1949, Ch. 921.)
  114. 985.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 3. PERSONAL OR MOVABLE PROPERTY [946 - 998] ( Part 3 enacted 1872. ) ## TITLE 2. PARTICULAR KINDS OF PERSONAL PROPERTY [[953.] - 998] ( Title 2 enacted 1872. ) ## CHAPTER 3. Products of the Mind [980 - 989] ( Chapter 3 enacted 1872. )

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    Letters and private written communications belong to the person they are addressed and delivered to, and they generally may not be published against the writer’s will unless authorized by law.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 3. PERSONAL OR MOVABLE PROPERTY [946 - 998] ( Part 3 enacted 1872. ) ## TITLE 2. PARTICULAR KINDS OF PERSONAL PROPERTY [[953.] - 998] ( Title 2 enacted 1872. ) ## CHAPTER 3. Products of the Mind [980 - 989] ( Chapter 3 enacted 1872. ) ## 985. Letters and other private communications in writing belong to the person to whom they are addressed and delivered; but they cannot be published against the will of the writer, except by authority of law. (Enacted 1872.)
  115. 986.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 3. PERSONAL OR MOVABLE PROPERTY [946 - 998] ( Part 3 enacted 1872. ) ## TITLE 2. PARTICULAR KINDS OF PERSONAL PROPERTY [[953.] - 998] ( Title 2 enacted 1872. ) ## CHAPTER 3. Products of the Mind [980 - 989] ( Chapter 3 enacted 1872. )

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    When a fine art work is sold in California, or by a seller who resides in California, the seller or agent must pay the artist 5% of the sale price, subject to listed exceptions.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 3. PERSONAL OR MOVABLE PROPERTY [946 - 998] ( Part 3 enacted 1872. ) ## TITLE 2. PARTICULAR KINDS OF PERSONAL PROPERTY [[953.] - 998] ( Title 2 enacted 1872. ) ## CHAPTER 3. Products of the Mind [980 - 989] ( Chapter 3 enacted 1872. ) ## 986. (a) Whenever a work of fine art is sold and the seller resides in California or the sale takes place in California, the seller or the seller’s agent shall pay to the artist of such work of fine art or to such artist’s agent 5 percent of the amount of such sale. The right of the artist to receive an amount equal to 5 percent of the amount of such sale may be waived only by a contract in writing providing for an amount in excess of 5 percent of the amount of such sale. An artist may assign the right to collect the royalty payment provided by this section to another individual or entity. However, the assignment shall not have the effect of creating a waiver prohibited by this subdivision. (1) When a work of fine art is sold at an auction or by a gallery, dealer, broker, museum, or other person acting as the agent for the seller the agent shall withhold 5 percent of the amount of the sale, locate the artist and pay the artist. (2) If the seller or agent is unable to locate and pay the artist within 90 days, an amount equal to 5 percent of the amount of the sale shall be tranferred to the Arts Council. (3) If a seller or the seller’s agent fails to pay an artist the amount equal to 5 percent of the sale of a work of fine art by the artist or fails to transfer such amount to the Arts Council, the artist may bring an action for damages within three years after the date of sale or one year after the discovery of the sale, whichever is longer. The prevailing party in any action brought under this paragraph shall be entitled to reasonable attorney fees, in an amount as determined by the court. (4) Moneys received by the council pursuant to this section shall be deposited in an account in the Special Deposit Fund in the State Treasury. (5) The Arts Council shall attempt to locate any artist for whom money is received pursuant to this section. If the council is unable to locate the artist and the artist does not file a written claim for the money received by the council within seven years of the date of sale of the work of fine art, the right of the artist terminates and such money shall be transferred to the council for use in acquiring fine art pursuant to the Art in Public Buildings program set forth in Chapter 2.1 (commencing with Section 15813) of Part 10b of Division 3 of Title 2, of the Government Code. (6) Any amounts of money held by any seller or agent for the payment of artists pursuant to this section shall be exempt from enforcement of a money judgment by the creditors of the seller or agent. (7) Upon the death of an artist, the rights and duties created under this section shall inure to his or her heirs, legatees, or personal representative, until the 20th anniversary of the death of the artist. The provisions of this paragraph shall be applicable only with respect to an artist who dies after January 1, 1983. (b) Subdivision (a) shall not apply to any of the following: (1) To the initial sale of a work of fine art where legal title to such work at the time of such initial sale is vested in the artist thereof. (2) To the resale of a work of fine art for a gross sales price of less than one thousand dollars ($1,000). (3) Except as provided in paragraph (7) of subdivision (a), to a resale after the death of such artist. (4) To the resale of the work of fine art for a gross sales price less than the purchase price paid by the seller. (5) To a transfer of a work of fine art which is exchanged for one or more works of fine art or for a combination of cash, other property, and one or more works of fine art where the fair market value of the property exchanged is less than one thousand dollars ($1,000). (6) To the resale of a work of fine art by an art dealer to a purchaser within 10 years of the initial sale of the work of fine art by the artist to an art dealer, provided all intervening resales are between art dealers. (7) To a sale of a work of stained glass artistry where the work has been permanently attached to real property and is sold as part of the sale of the real property to which it is attached. (c) For purposes of this section, the following terms have the following meanings: (1) “Artist” means the person who creates a work of fine art and who, at the time of resale, is a citizen of the United States, or a resident of the state who has resided in the state for a minimum of two years . (2) “Fine art” means an original painting, sculpture, or drawing, or an original work of art in glass. (3) “Art dealer” means a person who is actively and principally engaged in or conducting the business of selling works of fine art for which business such person validly holds a sales tax permit. (d) This section shall become operative on January 1, 1977, and shall apply to works of fine art created before and after its operative date. (e) If any provision of this section or the application thereof to any person or circumstance is held invalid for any reason, such invalidity shall not affect any other provisions or applications of this section which can be effected, without the invalid provision or application, and to this end the provisions of this section are severable. (f) The amendments to this section enacted during the 1981–82 Regular Session of the Legislature shall apply to transfers of works of fine art, when created before or after January 1, 1983, that occur on or after that date. (Amended by Stats. 1982, Ch. 1609, Sec. 1.5.)
  116. 987.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 3. PERSONAL OR MOVABLE PROPERTY [946 - 998] ( Part 3 enacted 1872. ) ## TITLE 2. PARTICULAR KINDS OF PERSONAL PROPERTY [[953.] - 998] ( Title 2 enacted 1872. ) ## CHAPTER 3. Products of the Mind [980 - 989] ( Chapter 3 enacted 1872. )

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    This section protects an artist’s moral rights in fine art and prohibits intentional or grossly negligent physical defacement, mutilation, alteration, or destruction of covered works.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 3. PERSONAL OR MOVABLE PROPERTY [946 - 998] ( Part 3 enacted 1872. ) ## TITLE 2. PARTICULAR KINDS OF PERSONAL PROPERTY [[953.] - 998] ( Title 2 enacted 1872. ) ## CHAPTER 3. Products of the Mind [980 - 989] ( Chapter 3 enacted 1872. ) ## 987. (a) The Legislature hereby finds and declares that the physical alteration or destruction of fine art, which is an expression of the artist’s personality, is detrimental to the artist’s reputation, and artists therefore have an interest in protecting their works of fine art against any alteration or destruction; and that there is also a public interest in preserving the integrity of cultural and artistic creations. (b) As used in this section: (1) “Artist” means the individual or individuals who create a work of fine art. (2) “Fine art” means an original painting, sculpture, or drawing, or an original work of art in glass, of recognized quality, but shall not include work prepared under contract for commercial use by its purchaser. (3) “Person” means an individual, partnership, corporation, limited liability company, association or other group, however organized. (4) “Frame” means to prepare, or cause to be prepared, a work of fine art for display in a manner customarily considered to be appropriate for a work of fine art in the particular medium. (5) “Restore” means to return, or cause to be returned, a deteriorated or damaged work of fine art as nearly as is feasible to its original state or condition, in accordance with prevailing standards. (6) “Conserve” means to preserve, or cause to be preserved, a work of fine art by retarding or preventing deterioration or damage through appropriate treatment in accordance with prevailing standards in order to maintain the structural integrity to the fullest extent possible in an unchanging state. (7) “Commercial use” means fine art created under a work-for-hire arrangement for use in advertising, magazines, newspapers, or other print and electronic media. (c) (1) No person, except an artist who owns and possesses a work of fine art which the artist has created, shall intentionally commit, or authorize the intentional commission of, any physical defacement, mutilation, alteration, or destruction of a work of fine art. (2) In addition to the prohibitions contained in paragraph (1), no person who frames, conserves, or restores a work of fine art shall commit, or authorize the commission of, any physical defacement, mutilation, alteration, or destruction of a work of fine art by any act constituting gross negligence. For purposes of this section, the term “gross negligence” shall mean the exercise of so slight a degree of care as to justify the belief that there was an indifference to the particular work of fine art. (d) The artist shall retain at all times the right to claim authorship, or, for a just and valid reason, to disclaim authorship of his or her work of fine art. (e) To effectuate the rights created by this section, the artist may commence an action to recover or obtain any of the following: (1) Injunctive relief. (2) Actual damages. (3) Punitive damages. In the event that punitive damages are awarded, the court shall, in its discretion, select an organization or organizations engaged in charitable or educational activities involving the fine arts in California to receive any punitive damages. (4) Reasonable attorneys’ and expert witness fees. (5) Any other relief which the court deems proper. (f) In determining whether a work of fine art is of recognized quality, the trier of fact shall rely on the opinions of artists, art dealers, collectors of fine art, curators of art museums, and other persons involved with the creation or marketing of fine art. (g) The rights and duties created under this section: (1) Shall, with respect to the artist, or if any artist is deceased, his or her heir, beneficiary, devisee, or personal representative, exist until the 50th anniversary of the death of the artist. (2) Shall exist in addition to any other rights and duties which may now or in the future be applicable. (3) Except as provided in paragraph (1) of subdivision (h), may not be waived except by an instrument in writing expressly so providing which is signed by the artist. (h) (1) If a work of fine art cannot be removed from a building without substantial physical defacement, mutilation, alteration, or destruction of the work, the rights and duties created under this section, unless expressly reserved by an instrument in writing signed by the owner of the building, containing a legal description of the property and properly recorded, shall be deemed waived. The instrument, if properly recorded, shall be binding on subsequent owners of the building. (2) If the owner of a building wishes to remove a work of fine art which is a part of the building but which can be removed from the building without substantial harm to the fine art, and in the course of or after removal, the owner intends to cause or allow the fine art to suffer physical defacement, mutilation, alteration, or destruction, the rights and duties created under this section shall apply unless the owner has diligently attempted without success to notify the artist, or, if the artist is deceased, his or her heir, beneficiary, devisee, or personal representative, in writing of his or her intended action affecting the work of fine art, or unless he or she did provide notice and that person failed within 90 days either to remove the work or to pay for its removal. If the work is removed at the expense of the artist, his or her heir, beneficiary, devisee, or personal representative, title to the fine art shall pass to that person. (3) If a work of fine art can be removed from a building scheduled for demolition without substantial physical defacement, mutilation, alteration, or destruction of the work, and the owner of the building has notified the owner of the work of fine art of the scheduled demolition or the owner of the building is the owner of the work of fine art, and the owner of the work of fine art elects not to remove the work of fine art, the rights and duties created under this section shall apply, unless the owner of the building has diligently attempted without success to notify the artist, or, if the artist is deceased, his or her heir, beneficiary, devisee, or personal representative, in writing of the intended action affecting the work of fine art, or unless he or she did provide notice and that person failed within 90 days either to remove the work or to pay for its removal. If the work is removed at the expense of the artist, his or her heir, beneficiary, devisee, or personal representative, title to the fine art shall pass to that person. (4) Nothing in this subdivision shall affect the rights of authorship created in subdivision (d) of this section. (i) No action may be maintained to enforce any liability under this section unless brought within three years of the act complained of or one year after discovery of the act, whichever is longer. (j) This section shall become operative on January 1, 1980, and shall apply to claims based on proscribed acts occurring on or after that date to works of fine art whenever created. (k) If any provision of this section or the application thereof to any person or circumstance is held invalid for any reason, the invalidity shall not affect any other provisions or applications of this section which can be effected without the invalid provision or application, and to this end the provisions of this section are severable. (Amended by Stats. 1994, Ch. 1010, Sec. 30. Effective January 1, 1995.)
  117. 988.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 3. PERSONAL OR MOVABLE PROPERTY [946 - 998] ( Part 3 enacted 1872. ) ## TITLE 2. PARTICULAR KINDS OF PERSONAL PROPERTY [[953.] - 998] ( Title 2 enacted 1872. ) ## CHAPTER 3. Products of the Mind [980 - 989] ( Chapter 3 enacted 1872. )

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    This section defines “artist” and “work of art,” and says the physical artwork stays with the artist or owner unless ownership is expressly transferred in a signed writing.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 3. PERSONAL OR MOVABLE PROPERTY [946 - 998] ( Part 3 enacted 1872. ) ## TITLE 2. PARTICULAR KINDS OF PERSONAL PROPERTY [[953.] - 998] ( Title 2 enacted 1872. ) ## CHAPTER 3. Products of the Mind [980 - 989] ( Chapter 3 enacted 1872. ) ## 988. (a) For the purpose of this section: (1) The term “artist” means the creator of a work of art. (2) The term “work of art” means any work of visual or graphic art of any media including, but not limited to, a painting, print, drawing, sculpture, craft, photograph, or film. (b) Whenever an exclusive or nonexclusive conveyance of any right to reproduce, prepare derivative works based on, distribute copies of, publicly perform, or publicly display a work of art is made by or on behalf of the artist who created it or the owner at the time of the conveyance, ownership of the physical work of art shall remain with and be reserved to the artist or owner, as the case may be, unless such right of ownership is expressly transferred by an instrument, note, memorandum, or other writing, signed by the artist, the owner, or their duly authorized agent. (c) Whenever an exclusive or nonexclusive conveyance of any right to reproduce, prepare derivative works based on, distribute copies of, publicly perform, or publicly display a work of art is made by or on behalf of the artist who created it or the owner at the time of the conveyance, any ambiguity with respect to the nature or extent of the rights conveyed shall be resolved in favor of the reservation of rights by the artist or owner, unless in any given case the federal copyright law provides to the contrary. (Added by Stats. 1982, Ch. 1319, Sec. 1.)
  118. 989.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 3. PERSONAL OR MOVABLE PROPERTY [946 - 998] ( Part 3 enacted 1872. ) ## TITLE 2. PARTICULAR KINDS OF PERSONAL PROPERTY [[953.] - 998] ( Title 2 enacted 1872. ) ## CHAPTER 3. Products of the Mind [980 - 989] ( Chapter 3 enacted 1872. )

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    This section lets a qualifying organization seek injunctive relief to preserve fine art, and sets notice, timing, fee, and bond rules when a work may be removed from real property.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 3. PERSONAL OR MOVABLE PROPERTY [946 - 998] ( Part 3 enacted 1872. ) ## TITLE 2. PARTICULAR KINDS OF PERSONAL PROPERTY [[953.] - 998] ( Title 2 enacted 1872. ) ## CHAPTER 3. Products of the Mind [980 - 989] ( Chapter 3 enacted 1872. ) ## 989. (a) The Legislature hereby finds and declares that there is a public interest in preserving the integrity of cultural and artistic creations. (b) As used in this section: (1) “Fine art” means an original painting, sculpture, or drawing, or an original work of art in glass, of recognized quality, and of substantial public interest. (2) “Organization” means a public or private not-for-profit entity or association, in existence at least three years at the time an action is filed pursuant to this section, a major purpose of which is to stage, display, or otherwise present works of art to the public or to promote the interests of the arts or artists. (3) “Cost of removal” includes reasonable costs, if any, for the repair of damage to the real property caused by the removal of the work of fine art. (c) An organization acting in the public interest may commence an action for injunctive relief to preserve or restore the integrity of a work of fine art from acts prohibited by subdivision (c) of Section 987. (d) In determining whether a work of fine art is of recognized quality and of substantial public interest the trier of fact shall rely on the opinions of those described in subdivision (f) of Section 987. (e) (1) If a work of fine art cannot be removed from real property without substantial physical defacement, mutilation, alteration, or destruction of such work, no action to preserve the integrity of the work of fine art may be brought under this section. However, if an organization offers some evidence giving rise to a reasonable likelihood that a work of art can be removed from the real property without substantial physical defacement, mutilation, alteration, or destruction of the work, and is prepared to pay the cost of removal of the work, it may bring a legal action for a determination of this issue. In that action the organization shall be entitled to injunctive relief to preserve the integrity of the work of fine art, but shall also have the burden of proof. The action shall commence within 30 days after filing. No action may be brought under this paragraph if the organization’s interest in preserving the work of art is in conflict with an instrument described in paragraph (1) of subdivision (h) of Section 987. (2) If the owner of the real property wishes to remove a work of fine art which is part of the real property, but which can be removed from the real property without substantial harm to such fine art, and in the course of or after removal, the owner intends to cause or allow the fine art to suffer physical defacement, mutilation, alteration, or destruction the owner shall do the following: (A) If the artist or artist’s heir, legatee, or personal representative fails to take action to remove the work of fine art after the notice provided by paragraph (2) of subdivision (h) of Section 987, the owner shall provide 30 days’ notice of his or her intended action affecting the work of art. The written notice shall be a display advertisement in a newspaper of general circulation in the area where the fine art is located. The notice required by this paragraph may run concurrently with the notice required by subdivision (h) of Section 987. (i) If within the 30-day period an organization agrees to remove the work of fine art and pay the cost of removal of the work, the payment and removal shall occur within 90 days of the first day of the 30-day notice. (ii) If the work is removed at the expense of an organization, title to the fine art shall pass to that organization. (B) If an organization does not agree to remove the work of fine art within the 30-day period or fails to remove and pay the cost of removal of the work of fine art within the 90-day period the owner may take the intended action affecting the work of fine art. (f) To effectuate the rights created by this section, the court may do the following: (1) Award reasonable attorney’s and expert witness fees to the prevailing party, in an amount as determined by the court. (2) Require the organization to post a bond in a reasonable amount as determined by the court. (g) No action may be maintained under this section unless brought within three years of the act complained of or one year after discovery of such act, whichever is longer. (h) This section shall become operative on January 1, 1983, and shall apply to claims based on acts occurring on or after that date to works of fine art, whenever created. (i) If any provision of this section or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable. (Added by Stats. 1982, Ch. 1517, Sec. 4.)
  119. 994.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 3. PERSONAL OR MOVABLE PROPERTY [946 - 998] ( Part 3 enacted 1872. ) ## TITLE 2. PARTICULAR KINDS OF PERSONAL PROPERTY [[953.] - 998] ( Title 2 enacted 1872. ) ## CHAPTER 4. Other Kinds of Personal Property [994 - 998] ( Chapter 4 enacted 1872. )

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    Certain title documents for real property belong to the person holding the title and transfer with that title.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 3. PERSONAL OR MOVABLE PROPERTY [946 - 998] ( Part 3 enacted 1872. ) ## TITLE 2. PARTICULAR KINDS OF PERSONAL PROPERTY [[953.] - 998] ( Title 2 enacted 1872. ) ## CHAPTER 4. Other Kinds of Personal Property [994 - 998] ( Chapter 4 enacted 1872. ) ## 994. Instruments essential to the title of real property, and which are not kept in a public office as a record, pursuant to law, belong to the person in whom, for the time being, such title may be vested, and pass with the title. (Enacted 1872.)
  120. 996.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 3. PERSONAL OR MOVABLE PROPERTY [946 - 998] ( Part 3 enacted 1872. ) ## TITLE 2. PARTICULAR KINDS OF PERSONAL PROPERTY [[953.] - 998] ( Title 2 enacted 1872. ) ## CHAPTER 4. Other Kinds of Personal Property [994 - 998] ( Chapter 4 enacted 1872. )

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    Fur-bearing animals kept or born in captivity on a farm or ranch for fur production are treated as property, with ownership and lien rights, and are also protected like other personal property.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 3. PERSONAL OR MOVABLE PROPERTY [946 - 998] ( Part 3 enacted 1872. ) ## TITLE 2. PARTICULAR KINDS OF PERSONAL PROPERTY [[953.] - 998] ( Title 2 enacted 1872. ) ## CHAPTER 4. Other Kinds of Personal Property [994 - 998] ( Chapter 4 enacted 1872. ) ## 996. Whenever fur bearing animals, which are by their nature known as wild animals, have been brought into, or born in, restraint or captivity upon any farm or ranch for the purpose of cultivating or pelting their furs, such animals, together with their offspring or increase, shall be the subjects of ownership, lien, and all kinds of absolute and other property rights, the same as purely domestic animals, in whatever situation, location, or condition such fur bearing animals may thereafter come or be, and regardless of their remaining in or escaping from such restraint or captivity. Such fur bearing animals shall receive the same protection of law, and in the same way and to the same extent shall be the subject of trespass or larceny as other personal property and shall be considered and classified as domestic animals for the purpose of and within the meaning of any statute or law relating generally to domestic animals, other than dogs and cats or other pets, or relating to farming, to animal husbandry, or to the encouragement of agriculture, unless any such statute or law is impossible of application to such fur bearing animals. (Added by Stats. 1941, Ch. 404.)
  121. 997.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 3. PERSONAL OR MOVABLE PROPERTY [946 - 998] ( Part 3 enacted 1872. ) ## TITLE 2. PARTICULAR KINDS OF PERSONAL PROPERTY [[953.] - 998] ( Title 2 enacted 1872. ) ## CHAPTER 4. Other Kinds of Personal Property [994 - 998] ( Chapter 4 enacted 1872. )

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    Porcelain painting and stained glass artistry are treated as fine art, not craft, for any purpose in this state.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 3. PERSONAL OR MOVABLE PROPERTY [946 - 998] ( Part 3 enacted 1872. ) ## TITLE 2. PARTICULAR KINDS OF PERSONAL PROPERTY [[953.] - 998] ( Title 2 enacted 1872. ) ## CHAPTER 4. Other Kinds of Personal Property [994 - 998] ( Chapter 4 enacted 1872. ) ## 997. In this state, for any purpose, porcelain painting and stained glass artistry shall be considered a fine art and not a craft. (Amended by Stats. 1982, Ch. 1609, Sec. 3.)
  122. 998.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 3. PERSONAL OR MOVABLE PROPERTY [946 - 998] ( Part 3 enacted 1872. ) ## TITLE 2. PARTICULAR KINDS OF PERSONAL PROPERTY [[953.] - 998] ( Title 2 enacted 1872. ) ## CHAPTER 4. Other Kinds of Personal Property [994 - 998] ( Chapter 4 enacted 1872. )

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    A private vendor of electronic data processing equipment or telecommunications goods and services may sell or lease to a private school on the same price and similar terms offered to a public school or school district.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 3. PERSONAL OR MOVABLE PROPERTY [946 - 998] ( Part 3 enacted 1872. ) ## TITLE 2. PARTICULAR KINDS OF PERSONAL PROPERTY [[953.] - 998] ( Title 2 enacted 1872. ) ## CHAPTER 4. Other Kinds of Personal Property [994 - 998] ( Chapter 4 enacted 1872. ) ## 998. Any private vendor of electronic data processing equipment or telecommunications goods and services may sell or lease equipment, goods, or services to a private school for the same price and on similar terms as the vendor sells or leases the equipment, goods, or services to a public school or school district. (Added by Stats. 1988, Ch. 858, Sec. 1.)

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