LBExamMechanics liens and preliminary notice, Civil Code
Preliminary Notice
On a public work the preliminary notice is Title 3, Chapter 3, sections 9300 to 9306: who must give it, who does not (a laborer, and a claimant in direct contract with the direct contractor), what it must contain under section 9303, and the 20 days in section 9304 that limit what any notice reaches. The free questions do not reach it yet.
- Cited as
- Civil Code Part 6: Works of Improvement
- This chapter
- Title 3, Chapter 3. Preliminary Notice
- Sections
- 5
- Official copy
- The chapter on the publisher site
Reproduced from the official code text. The official version is the one linked above. Nothing has been added to the text, and nothing inside this chapter has been left out.
Section 9300§Sections
(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.
(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.)
Section 9302§Sections
(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.
(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.)
Section 9303§Sections
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.
(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.)
Section 9304§Sections
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.
(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.)
Section 9306§Sections
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.
(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.)