8200-8216
CIVIL CODE
SECTION 8200-8216
8200. (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.
8202. (a) The preliminary notice shall comply with the requirements
of Section 8102, and shall also include:
(1) A general description of the work to be provided.
(2) An estimate of the total price of the work provided and to be
provided.
(3) The following statement in boldface type:
NOTICE TO
PROPERTY OWNER
EVEN THOUGH
YOU HAVE PAID
YOUR
CONTRACTOR IN
FULL, if the
person or
firm that has
given you
this notice
is not paid
in full for
labor,
service,
equipment, or
material
provided or
to be
provided to
your
construction
project, a
lien may be
placed on
your
property.
Foreclosure
of the lien
may lead to
loss of all
or part of
your
property. You
may wish to
protect
yourself
against this
by (1)
requiring
your
contractor to
provide a
signed
release by
the person or
firm that has
given you
this notice
before making
payment to
your
contractor,
or (2) any
other method
that is
appropriate
under the
circumstances.
This notice
is required
by law to be
served by the
undersigned
as a
statement of
your legal
rights. This
notice is not
intended to
reflect upon
the financial
condition of
the
contractor or
the person
employed by
you on the
construction
project.
If you record
a notice of
cessation or
completion of
your
construction
project, you
must within
10 days after
recording,
send a copy
of the notice
of completion
to your
contractor
and the
person or
firm that has
given you
this notice.
The notice
must be sent
by registered
or certified
mail. Failure
to send the
notice will
extend the
deadline to
record a
claim of
lien. You are
not required
to send the
notice if you
are a
residential
homeowner of
a dwelling
containing
four or fewer
units.
(b) If preliminary notice is given by a subcontractor that has not
paid all compensation due to a laborer, the notice shall include the
name and address of the laborer and any person or entity described
in subdivision (b) of Section 8024 to which payments are due.
(c) If an invoice for material or certified payroll contains the
information required by this section and Section 8102, a copy of the
invoice or payroll, given in compliance with the requirements of
Chapter 2 (commencing with Section 8100) of Title 1, is sufficient.
8204. (a) A preliminary notice shall be given not later than 20
days after the claimant has first furnished work on the work of
improvement. If work has been provided by a claimant who did not give
a preliminary notice, that claimant shall not be precluded from
giving a preliminary notice at any time thereafter. The claimant
shall, however, be entitled to record a lien, give a stop payment
notice, and assert a claim against a payment bond only for work
performed within 20 days prior to the service of the preliminary
notice, and at any time thereafter.
(b) A design professional who has furnished services for the
design of the work of improvement and who gives a preliminary notice
not later than 20 days after the work of improvement has commenced
shall be deemed to have complied with Section 8200 with respect to
the design services furnished, or to be furnished.
8206. (a) Except as provided in subdivision (b), a claimant need
give only one preliminary notice to each person to which notice must
be given under this chapter with respect to all work provided by the
claimant for a work of improvement.
(b) If a claimant provides work pursuant to contracts with more
than one subcontractor, the claimant shall give a separate
preliminary notice with respect to work provided pursuant to each
contract.
(c) A preliminary notice that contains a general description of
work provided by the claimant through the date of the notice also
covers work provided by the claimant after the date of the notice
whether or not they are within the scope of the general description
contained in the notice.
8208. A direct contractor shall make available to any person
seeking to give preliminary notice the following information:
(a) The name and address of the owner.
(b) The name and address of the construction lender, if any.
8210. If one or more construction loans are obtained after
commencement of a work of improvement, the owner shall give notice of
the name and address of the construction lender or lenders to each
person that has given the owner preliminary notice.
8212. An agreement made or entered into by an owner whereby the
owner agrees to waive the rights conferred on the owner by this
chapter is void and unenforceable.
8214. (a) Each person who has served a preliminary notice may file
the preliminary notice with the county recorder. A preliminary notice
filed pursuant to this section shall comply with the requirements of
Section 8102.
(b) Upon the acceptance for recording of a notice of completion or
notice of cessation the county recorder shall mail to those persons
who have filed a preliminary notice, notification that a notice of
completion or notice of cessation has been recorded on the property,
and shall affix the date that the notice of completion or notice of
cessation was recorded with the county recorder. The notification
given by the county recorder under this section is not governed by
the requirements of Chapter 2 (commencing with Section 8100) of Title
1.
(c) The failure of the county recorder to mail the notification to
the person who filed a preliminary notice, or the failure of those
persons to receive the notification or to receive complete
notification, shall not affect the period within which a claim of
lien is required to be recorded. However, the county recorder shall
make a good faith effort to mail notification to those persons who
have filed the preliminary notice under this section and to do so
within five days after the recording of a notice of completion or
notice of cessation.
(d) The county recorder may cause to be destroyed all documents
filed pursuant to this section, two years after the date of filing.
(e) The preliminary notice that a person may file pursuant to this
section is for the limited purpose of facilitating the mailing of
notice by the county recorder of recorded notices of completion and
notices of cessation. The notice that is filed is not a recordable
document and shall not be entered into those official records of the
county which by law impart constructive notice. Notwithstanding any
other provision of law, the index maintained by the recorder of filed
preliminary notices shall be separate and distinct from those
indexes maintained by the county recorder of those official records
of the county which by law impart constructive notice. The filing of
a preliminary notice with the county recorder does not give rise to
any actual or constructive notice with respect to any party of the
existence or contents of a filed preliminary notice nor to any duty
of inquiry on the part of any party as to the existence or contents
of that notice.
8216. 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.