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Civil Code - CIV - CIV § 8710

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8710

An owner described in subdivision (a) of Section 8700 shall provide the direct contractor all of the following: (a) Security for the owner’s payment obligation pursuant to the contract. The security shall be used only if the owner defaults on the payment obligation to the direct

Civil Code - CIV - CIV § 8712

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8712

If an owner fails to provide or maintain the security required by this chapter, the direct contractor may give the owner notice demanding security. The notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1. If the owner does not provide

Civil Code - CIV - CIV § 8714

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8714

It is against public policy to waive the provisions of this chapter by contract.

Civil Code - CIV - CIV § 8716

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8716

This chapter does not affect any statute providing for mechanics liens, stop payment notices, bond remedies, or prompt payment rights of a subcontractor, including the direct contractor’s payment responsibilities under Section 7108.5 of the Business and Professions Code.

Civil Code - CIV - CIV § 8720

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8720

An owner shall provide security by any of the following means: (a) A bond that satisfies Section 8722. (b) An irrevocable letter of credit that satisfies Section 8724. (c) An escrow account that satisfies Section 8726.

Civil Code - CIV - CIV § 8722

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8722

A bond under this chapter shall satisfy all of the following requirements: (a) The bond shall be executed by an admitted surety insurer that is either listed in the Department of the Treasury’s Listing of Approved Sureties (Department Circular 570) or that has an A.M. Best rating

Civil Code - CIV - CIV § 8724

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8724

An irrevocable letter of credit under this chapter shall satisfy all of the following requirements: (a) The letter of credit shall be issued by a financial institution, as defined in Section 5107 of the Financial Code, inuring to the benefit of the direct contractor. (b) The lett

Civil Code - CIV - CIV § 8726

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8726

An escrow account under this chapter shall satisfy all of the following requirements: (a) The account shall be designated as a “construction security escrow account.” (b) The account shall be located in this state and maintained with an escrow agent licensed under the Escrow Law,

Civil Code - CIV - CIV § 8728

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8728

The following provisions govern a deposit to or disbursement from a construction security escrow account under this chapter: (a) Before the commencement of work the owner shall make an initial deposit to the account in an amount not less than 15 percent of the contract price for

Civil Code - CIV - CIV § 8730

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8730

If the contract price for a work of improvement is not a fixed price, the amount of security provided under this chapter shall be the guaranteed maximum price or, if there is no guaranteed maximum price, the owner’s and direct contractor’s good faith estimate of the reasonable va

Civil Code - CIV - CIV § 880.020

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 880.020

(a) The Legislature declares as public policy that: (1) Real property is a basic resource of the people of the state and should be made freely alienable and marketable to the extent practicable in order to enable and encourage full use and development of the real property, includ

Civil Code - CIV - CIV § 880.030

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 880.030

Nothing in this title shall be construed to: (a) Limit application of the principles of waiver and estoppel, laches, and other equitable principles. (b) Affect the operation of any statute governing the effect of recording or failure to record, except as specifically provided in

Civil Code - CIV - CIV § 880.240

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 880.240

The following interests are not subject to expiration or expiration of record pursuant to this title: (a) The interest of a person in possession (including use or occupancy) of real property and the interest of a person under whom a person in possession claims, to the extent the

Civil Code - CIV - CIV § 880.250

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 880.250

(a) The times prescribed in this title for expiration or expiration of record of an interest in real property or for enforcement, for bringing an action, or for doing any other required act are absolute and apply notwithstanding any disability or lack of knowledge of any person o

Civil Code - CIV - CIV § 880.260

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 880.260

An interest in real property, as specified in this title, does not expire or expire of record and is not unenforceable pursuant to this title at the time prescribed in this title if within the time an action is commenced to enforce, establish, clear title to, or otherwise affect

Civil Code - CIV - CIV § 880.310

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 880.310

(a) If the time within which an interest in real property expires pursuant to this title depends upon recordation of a notice of intent to preserve the interest, a person may preserve the person’s interest from expiration by recording a notice of intent to preserve the interest b

Civil Code - CIV - CIV § 880.320

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 880.320

A notice of intent to preserve an interest in real property may be recorded by any of the following persons: (a) A person who claims the interest. (b) Another person acting on behalf of a claimant if the person is authorized to act on behalf of the claimant or if the claimant is

Civil Code - CIV - CIV § 880.330

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 880.330

Subject to all statutory requirements for recorded documents: (a) A notice of intent to preserve an interest in real property shall be in writing and signed and verified by or on behalf of the claimant. If the notice is made on behalf of a claimant, the notice shall include a sta

Civil Code - CIV - CIV § 880.340

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 880.340

Subject to all statutory requirements for recorded documents, a notice of intent to preserve an interest in real property shall be in substantially the following form: RECORDING INFORMATION Recording requested by: FOR USE OF COUNTY RECORDER After recording return to: Indexing ins

Civil Code - CIV - CIV § 880.350

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 880.350

(a) A notice of intent to preserve an interest in real property shall be recorded in the county in which the real property is situated. (b) The county recorder shall index a notice of intent to preserve an interest in real property in the index of grantors and grantees. The index

Civil Code - CIV - CIV § 880.360

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 880.360

A person shall not record a notice of intent to preserve an interest in real property for the purpose of slandering title to the real property. If the court in an action or proceeding to establish or quiet title determines that a person recorded a notice of intent to preserve an

Civil Code - CIV - CIV § 880.370

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 880.370

If the period prescribed by statute during which a notice of intent to preserve an interest in real property must be recorded expires before, on, or within five years after the operative date of the statute, the period is extended until five years after the operative date of the

Civil Code - CIV - CIV § 8800

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8800

(a) Except as otherwise agreed in writing by the owner and direct contractor, the owner shall pay the direct contractor, within 30 days after notice demanding payment pursuant to the contract is given, any progress payment due as to which there is no good faith dispute between th

Civil Code - CIV - CIV § 8802

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8802

(a) This section applies to a contract between a public utility and a direct contractor for all or part of a work of improvement. (b) Unless the direct contractor and a subcontractor otherwise agree in writing, within 21 days after receipt of a progress payment from the public ut

Civil Code - CIV - CIV § 8810

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 8810

This article governs a retention payment withheld by an owner from a direct contractor or by a direct contractor from a subcontractor.