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Civil Code - CIV - CIV § 8538

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8538

(a) The claimant may make a written request for notice of an election by the construction lender under Section 8536 not to withhold funds. The request shall be made at the time the claimant gives the construction lender the stop payment notice and shall be accompanied by a preadd

Civil Code - CIV - CIV § 854

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 854

A commitment statement shall be executed in substantially the following form: COUNTY OF STATE OF CALIFORNIA NOTICE OF ASSUMPTION OF GOVERNMENT IMPOSED SITE INVESTIGATION AND/OR REMEDIAL ACTION ORDERS (“COMMITMENT STATEMENT”) (a) The undersigned notice recipient is aware of, or ha

Civil Code - CIV - CIV § 8540

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8540

(a) Funds withheld pursuant to a stop payment notice shall be distributed in the following order of priority: (1) First, to pay claims of persons that have given a bonded stop payment notice. If funds are insufficient to pay the claims of those persons in full, the funds shall be

Civil Code - CIV - CIV § 8542

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8542

Notwithstanding Section 8540: (a) If funds are withheld pursuant to a stop payment notice given to a construction lender by a direct contractor or subcontractor, the direct contractor or subcontractor may recover only the net amount due the direct contractor or subcontractor afte

Civil Code - CIV - CIV § 8544

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8544

The rights of a claimant who gives a construction lender a stop payment notice are not affected by an assignment of construction loan funds made by the owner or direct contractor, and the stop payment notice has priority over the assignment, whether the assignment is made before

Civil Code - CIV - CIV § 855

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 855

The notification requirements of Section 851 shall not become effective until 180 days after the effective date of this chapter.

Civil Code - CIV - CIV § 8550

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8550

(a) A claimant shall commence an action 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) A claimant shall commence an action to enforce payment of the claim stated in a stop pay

Civil Code - CIV - CIV § 8552

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8552

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 first acquiring jurisdiction may order the actions consolidated. (c) On motion of the owner or con

Civil Code - CIV - CIV § 8554

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8554

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 p

Civil Code - CIV - CIV § 8556

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8556

A stop payment notice ceases to be effective, and a person withholding funds pursuant to the notice shall release them, 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

Civil Code - CIV - CIV § 8558

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8558

(a) In an action to enforce payment of the claim stated in a bonded stop payment notice, the prevailing party is entitled to a reasonable attorney’s fee in addition to costs and damages. (b) The court, on notice and motion by a party, shall determine who is the prevailing party o

Civil Code - CIV - CIV § 8560

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8560

If the claimant is the prevailing party in an action to enforce payment of the claim stated in a bonded stop payment notice, any amount awarded on the claim shall include interest at the legal rate calculated from the date the stop payment notice is given.

Civil Code - CIV - CIV § 86

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 86

The prevailing party in any action based on a violation of the provisions of this part shall be entitled to recover reasonable attorney’s fees and taxable court costs.

Civil Code - CIV - CIV § 8600

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8600

(a) This section applies if, before the commencement of work, the owner in good faith files a direct contract with the county recorder, and records a payment bond of the direct contractor in an amount not less than 50 percent of the price stated in the direct contract. (b) If the

Civil Code - CIV - CIV § 8602

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8602

Section 8600 does not preclude an owner from requiring a performance bond, payment bond, or other security as protection against a direct contractor’s failure to perform the direct contract or to make full payment for all work provided pursuant to the contract.

Civil Code - CIV - CIV § 8604

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8604

(a) If a lending institution requires that a payment bond be given as a condition of lending money to finance a work of improvement, and accepts in writing as sufficient a bond given in fulfillment of the requirement, the lending institution may not thereafter object to the borro

Civil Code - CIV - CIV § 8606

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8606

(a) A payment bond under this title shall be conditioned for the payment in full of the claims of all claimants and shall by its terms inure to the benefit of all claimants so as to give a claimant a right of action to enforce the liability on the bond. The bond shall be given by

Civil Code - CIV - CIV § 8608

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8608

(a) This title does not give a claimant a right to recover on a direct contractor’s payment bond given under this chapter unless the claimant provided work to the direct contractor either directly or through one or more subcontractors, pursuant to a direct contract. (b) Nothing i

Civil Code - CIV - CIV § 8609

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8609

Any provision in a payment bond attempting by contract to shorten the period prescribed in Section 337 of the Code of Civil Procedure for the commencement of an action on the bond shall not be valid under either of the following circumstances: (a) If the provision attempts to lim

Civil Code - CIV - CIV § 8610

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8610

Notwithstanding Section 8609, if a payment bond under this title is recorded before completion of a work of improvement, an action to enforce the liability on the bond may not be commenced later than six months after completion of the work of improvement.

Civil Code - CIV - CIV § 8612

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8612

(a) In order to enforce a claim against a payment bond under this title, a claimant shall give the preliminary notice provided in Chapter 2 (commencing with Section 8200). (b) If preliminary notice was not given as provided in Chapter 2 (commencing with Section 8200), a claimant

Civil Code - CIV - CIV § 8614

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8614

Notice to the principal and surety under Section 8612 shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1.

Civil Code - CIV - CIV § 8700

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8700

(a) This chapter applies if any of the following conditions is satisfied: (1) The owner of the fee interest in property contracts for a work of improvement on the property with a contract price greater than five million dollars ($5,000,000). (2) The owner of a less than fee inter

Civil Code - CIV - CIV § 8702

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8702

This chapter does not apply to any of the following works of improvement: (a) A single-family residence, including a single-family residence located within a subdivision, and any associated fixed work that requires the services of a general engineering contractor as defined in Se

Civil Code - CIV - CIV § 8704

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8704

This chapter does not apply to any of the following owners: (a) A qualified publicly traded company or a wholly owned subsidiary of a qualified publicly traded company, if the obligations of the subsidiary pursuant to the contract for the work of improvement are guaranteed by the