SECTIONS 8000-8050 - California Statutes

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.