Chapter 3 - Preliminary Notice

California Civil Code — §§ 9300-9306

Sections (5)

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 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.

§ 9302

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 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.

§ 9303

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.

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.

§ 9304

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 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.

§ 9306

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.

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.