8000-8050
CIVIL CODE
SECTION 8000-8050
8000. Unless the provision or context otherwise requires, the definitions in this article govern the construction of this part. 8002. "Admitted surety insurer" has the meaning provided in Section 995.120 of the Code of Civil Procedure. 8004. "Claimant" means a person that has a right under this part to record a claim of lien, give a stop payment notice, or assert a claim against a payment bond, or do any combination of the foregoing. 8006. "Construction lender" means either of the following: (a) A mortgagee or beneficiary under a deed of trust lending funds with which the cost of all or part of a work of improvement is to be paid, or the assignee or successor in interest of the mortgagee or beneficiary. (b) An escrow holder or other person holding funds provided by an owner, lender, or another person as a fund for with which the cost of all or part of a work of improvement is to be paid. 8008. "Contract" means an agreement that provides for all or part of a work of improvement. 8010. "Contract price" means the price agreed to in a direct contract for a work of improvement. 8012. "Contractor" includes a direct contractor, subcontractor, or both. This section does not apply to Sections 8018 and 8046. 8014. "Design professional" means a person licensed as an architect pursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code, licensed as a landscape architect pursuant to Chapter 3.5 (commencing with Section 5615) of Division 3 of the Business and Professions Code, registered as a professional engineer pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, or licensed as a land surveyor pursuant to Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code. 8016. "Direct contract" means a contract between an owner and a direct contractor that provides for all or part of a work of improvement. 8018. "Direct contractor" means a contractor that has a direct contractual relationship with an owner. A reference in another statute to a "prime contractor" in connection with the provisions in this part means a "direct contractor." 8020. For the purposes of Title 3 (commencing with Section 9000), "funds" means warrant, check, money, or bonds (if bonds are to be issued in payment of the public works contract). 8022. "Labor, service, equipment, or material" includes, but is not limited to, labor, skills, services, material, supplies, equipment, appliances, power, and surveying, provided for a work of improvement. 8024. (a) "Laborer" means a person who, acting as an employee, performs labor upon, or bestows skill or other necessary services on, a work of improvement. (b) "Laborer" includes a person or entity to which a portion of a laborer's compensation for a work of improvement, including, but not limited to, employer payments described in Section 1773.1 of the Labor Code and implementing regulations, is paid by agreement with that laborer or the collective bargaining agent of that laborer. (c) A person or entity described in subdivision (b) that has standing under applicable law to maintain a direct legal action, in its own name or as an assignee, to collect any portion of compensation owed for a laborer for a work of improvement, shall have standing to enforce any rights or claims of the laborer under this part, to the extent of the compensation agreed to be paid to the person or entity for labor on that improvement. This subdivision is intended to give effect to the longstanding public policy of this state to protect the entire compensation of a laborer on a work of improvement, regardless of the form in which that compensation is to be paid. 8026. "Lien" means a lien under Title 2 (commencing with Section 8160) and includes a lien of a design professional under Section 8302, a lien for a work of improvement under Section 8400, and a lien for a site improvement under Section 8402. 8028. "Material supplier" means a person that provides material or supplies to be used or consumed in a work of improvement. 8030. (a) For the purposes of Title 2 (commencing with Section 8160), "payment bond" means a bond given under Section 8600. (b) For the purposes of Title 3 (commencing with Section 9000), "payment bond" means a bond required by Section 9550. 8032. "Person" means an individual, corporation, public entity, business trust, estate, trust, partnership, limited liability company, association, or other entity. 8034. (a) For the purposes of Title 2 (commencing with Section 8160), "preliminary notice" means the notice provided for in Chapter 2 (commencing with Section 8200) of Title 2. (b) For the purposes of Title 3 (commencing with Section 9000), "preliminary notice" means the notice provided for in Chapter 3 (commencing with Section 9300) of Title 3. 8036. "Public entity" means the state, Regents of the University of California, a county, city, district, public authority, public agency, and any other political subdivision or public corporation in the state. 8038. "Public works contract" has the meaning provided in Section 1101 of the Public Contract Code. 8040. "Site" means the real property on which a work of improvement is situated or planned. 8042. "Site improvement" means any of the following work on real property: (a) Demolition or removal of improvements, trees, or other vegetation. (b) Drilling test holes. (c) Grading, filling, or otherwise improving the real property or a street, highway, or sidewalk in front of or adjoining the real property. (d) Construction or installation of sewers or other public utilities. (e) Construction of areas, vaults, cellars, or rooms under sidewalks. (f) Any other work or improvements in preparation of the site for a work of improvement. 8044. (a) (1) For the purposes of Title 2 (commencing with Section 8160), "stop payment notice" means the notice given by a claimant under Chapter 5 (commencing with Section 8500) of Title 2. (2) A stop payment notice given under Title 2 (commencing with Section 8160) may be bonded or unbonded. A "bonded stop payment notice" is a notice given with a bond under Section 8532. An "unbonded stop payment notice" is a notice not given with a bond under Section 8532. (3) Except to the extent Title 2 (commencing with Section 8160) distinguishes between a bonded and an unbonded stop payment notice, a reference in that title to a stop payment notice includes both a bonded and an unbonded notice. (b) For the purposes of Title 3 (commencing with Section 9000), "stop payment notice" means the notice given by a claimant under Chapter 4 (commencing with Section 9350) of Title 3. (c) A reference in another statute to a "stop notice" in connection with the remedies provided in this part means a stop payment notice. 8046. "Subcontractor" means a contractor that does not have a direct contractual relationship with an owner. The term includes a contractor that has a contractual relationship with a direct contractor or with another subcontractor. 8048. "Work" means labor, service, equipment, or material provided to a work of improvement. 8050. (a) "Work of improvement" includes, but is not limited to: (1) Construction, alteration, repair, demolition, or removal, in whole or in part, of, or addition to, a building, wharf, bridge, ditch, flume, aqueduct, well, tunnel, fence, machinery, railroad, or road. (2) Seeding, sodding, or planting of real property for landscaping purposes. (3) Filling, leveling, or grading of real property. (b) Except as otherwise provided in this part, "work of improvement" means the entire structure or scheme of improvement as a whole, and includes site improvement.