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Civil Code - CIV - CIV § 929

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 othe

Civil Code - CIV - CIV § 930

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 accord

Civil Code - CIV - CIV § 9300

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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. (

Civil Code - CIV - CIV § 9302

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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

Civil Code - CIV - CIV § 9303

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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.

Civil Code - CIV - CIV § 9304

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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.

Civil Code - CIV - CIV § 9306

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 70

Civil Code - CIV - CIV § 931

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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

Civil Code - CIV - CIV § 932

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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

Civil Code - CIV - CIV § 933

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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, i

Civil Code - CIV - CIV § 934

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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

Civil Code - CIV - CIV § 935

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 unde

Civil Code - CIV - CIV § 9350

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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

Civil Code - CIV - CIV § 9352

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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

Civil Code - CIV - CIV § 9354

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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:

Civil Code - CIV - CIV § 9356

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 c

Civil Code - CIV - CIV § 9358

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 li

Civil Code - CIV - CIV § 936

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 pro

Civil Code - CIV - CIV § 9360

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 amoun

Civil Code - CIV - CIV § 9362

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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) Comple

Civil Code - CIV - CIV § 9364

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 payme

Civil Code - CIV - CIV § 937

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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

Civil Code - CIV - CIV § 938

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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.

Civil Code - CIV - CIV § 9400

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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

Civil Code - CIV - CIV § 9402

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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