SECTIONS 8100-8118 - California Statutes

CIVIL CODE

SECTION 8100-8118

8100. Notice under this part shall be in writing. Writing includes
printing and typewriting.

8102. (a) Notice under this part shall, in addition to any other
information required by statute for that type of notice, include all
of the following information to the extent known to the person giving
the notice:
(1) The name and address of the owner or reputed owner.
(2) The name and address of the direct contractor.
(3) The name and address of the construction lender, if any.
(4) A description of the site sufficient for identification,
including the street address of the site, if any. If a sufficient
legal description of the site is given, the effectiveness of the
notice is not affected by the fact that the street address is
erroneous or is omitted.
(5) The name, address, and relationship to the parties of the
person giving the notice.
(6) If the person giving the notice is a claimant:
(A) A general statement of the work provided.
(B) The name of the person to or for whom the work is provided.
(C) A statement or estimate of the claimant's demand, if any,
after deducting all just credits and offsets.
(b) Notice is not invalid by reason of any variance from the
requirements of this section if the notice is sufficient to
substantially inform the person given notice of the information
required by this section and other information required in the
notice.

8104. (a) A direct contractor or subcontractor on a work of
improvement governed by this part that employs a laborer and fails to
pay the full compensation due the laborer, including any employer
payments described in Section 1773.1 of the Labor Code and
implementing regulations, shall not later than the date the
compensation became delinquent, give the laborer, the laborer's
bargaining representative, if any, the construction lender or reputed
construction lender, if any, and the owner or reputed owner, notice
that includes all of the following information, in addition to the
information required by Section 8102:
(1) The name and address of the laborer, and of any person or
entity described in subdivision (b) of Section 8024 to which employer
payments are due.
(2) The total number of straight time and overtime hours worked by
the laborer on each job.
(3) The amount then past due and owing.
(b) Failure to give the notice required by subdivision (a)
constitutes grounds for disciplinary action under the Contractors'
State License Law, Chapter 9 (commencing with Section 7000) of
Division 3 of the Business and Professions Code.

8106. Except as otherwise provided by statute, notice under this
part shall be given by any of the following means:
(a) Personal delivery.
(b) Mail in the manner provided in Section 8110.
(c) Leaving the notice and mailing a copy in the manner provided
in Section 415.20 of the Code of Civil Procedure for service of
summons and complaint in a civil action.

8108. Except as otherwise provided by this part, notice under this
part shall be given to the person to be notified at the person's
residence, the person's place of business, or at any of the following
addresses:
(a) If the person to be notified is an owner other than a public
entity, the owner's address shown on the direct contract, the
building permit, or a construction trust deed.
(b) If the person to be notified is a public entity, the office of
the public entity or another address specified by the public entity
in the contract or elsewhere for service of notices, papers, and
other documents.
(c) If the person to be notified is a construction lender, the
construction lender's address shown on the construction loan
agreement or construction trust deed.
(d) If the person to be notified is a direct contractor or a
subcontractor, the contractor's address shown on the building permit,
on the contractor's contract, or on the records of the Contractors'
State License Board.
(e) If the person to be notified is a claimant, the claimant's
address shown on the claimant's contract, preliminary notice, claim
of lien, stop payment notice, or claim against a payment bond, or on
the records of the Contractors' State License Board.
(f) If the person to be notified is a surety on a bond, the surety'
s address shown on the bond for service of notices, papers, and other
documents, or on the records of the Department of Insurance.

8110. Except as otherwise provided by this part, notice by mail
under this part shall be given by registered or certified mail,
express mail, or overnight delivery by an express service carrier.

8114. A notice required by this part to be posted shall be
displayed in a conspicuous location at the site.

8116. Notice under this part is complete and deemed to have been
given at the following times:
(a) If given by personal delivery, when delivered.
(b) If given by mail, when deposited in the mail or with an
express service carrier in the manner provided in Section 1013 of the
Code of Civil Procedure.
(c) If given by leaving the notice and mailing a copy in the
manner provided in Section 415.20 of the Code of Civil Procedure for
service of summons in a civil action, five days after mailing.
(d) If given by posting, when displayed.
(e) If given by recording, when recorded in the office of the
county recorder.

8118. (a) Proof that notice was given to a person in the manner
required by this part shall be made by a proof of notice declaration
that states all of the following:
(1) The type or description of the notice given.
(2) The date, place, and manner of notice, and facts showing that
notice was given in the manner required by statute.
(3) The name and address of the person to which notice was given,
and, if appropriate, the title or capacity in which the person was
given notice.
(b) If the notice is given by mail, the declaration shall be
accompanied by one of the following:
(1) Documentation provided by the United States Postal Service
showing that payment was made to mail the notice using registered or
certified mail, or express mail.
(2) Documentation provided by an express service carrier showing
that payment was made to send the notice using an overnight delivery
service.
(3) A return receipt, delivery confirmation, signature
confirmation, tracking record, or other proof of delivery or
attempted delivery provided by the United States Postal Service, or a
photocopy of the record of delivery and receipt maintained by the
United States Postal Service, showing the date of delivery and to
whom delivered, or in the event of nondelivery, by the returned
envelope itself.
(4) A tracking record or other documentation provided by an
express service carrier showing delivery or attempted delivery of the
notice.