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