SECTIONS 8440-8448 - California Statutes

CIVIL CODE

SECTION 8440-8448

8440. Subject to Section 8442, a lien attaches to the work of
improvement and to the real property on which the work of improvement
is situated, including as much space about the work of improvement
as is required for the convenient use and occupation of the work of
improvement.

8442. The following interests in real property to which a lien
attaches are subject to the lien:
(a) The interest of a person that contracted for the work of
improvement.
(b) The interest of a person that did not contract for the work of
improvement, if work for which the lien is claimed was provided with
the knowledge of that person, unless that person gives notice of
nonresponsibility under Section 8444.

8444. (a) An owner of real property or a person claiming an
interest in real property on which a work of improvement is situated
that did not contract for the work of improvement may give notice of
nonresponsibility.
(b) A notice of nonresponsibility shall be signed and verified by
the owner.
(c) The notice shall comply with the requirements of Chapter 2
(commencing with Section 8100) of Title 1.
(d) The notice shall also include all of the following
information:
(1) The nature of the owner's title or interest.
(2) The name of a purchaser under contract, if any, or lessee, if
known.
(3) A statement that the person giving the notice is not
responsible for claims arising from the work of improvement.
(e) A notice of nonresponsibility is not effective unless, within
10 days after the person giving notice has knowledge of the work of
improvement, the person both posts and records the notice.

8446. A claimant may record one claim of lien on two or more works
of improvement, subject to the following conditions:
(a) The works of improvement have or are reputed to have the same
owner, or the work was contracted for by the same person for the
works of improvement whether or not they have the same owner.
(b) The claimant in the claim of lien designates the amount due
for each work of improvement. If the claimant contracted for a lump
sum payment for work provided for the works of improvement and the
contract does not segregate the amount due for each work of
improvement separately, the claimant may estimate an equitable
distribution of the amount due for each work of improvement based on
the proportionate amount of work provided for each. If the claimant
does not designate the amount due for each work of improvement, the
lien is subordinate to other liens.
(c) If there is a single structure on real property of different
owners, the claimant need not segregate the proportion of work
provided for the portion of the structure situated on real property
of each owner. In the lien enforcement action the court may, if it
determines it equitable to do so, designate an equitable distribution
of the lien among the real property of the owners.
(d) The lien does not extend beyond the amount designated as
against other creditors having liens, by judgment, mortgage, or
otherwise, on either the works of improvement or the real property on
which the works of improvement are situated.

8448. (a) As used in this section, "separate residential unit"
means one residential structure, including a residential structure
containing multiple condominium units, together with any common area,
garage, or other appurtenant improvements.
(b) If a work of improvement consists of the construction of two
or more separate residential units:
(1) Each unit is deemed a separate work of improvement, and
completion of each unit is determined separately for purposes of the
time for recording a claim of lien on that unit. This paragraph does
not affect any lien right under Section 8402 or 8446.
(2) Material provided for the work of improvement is deemed to be
provided for use or consumption in each separate residential unit in
which the material is actually used or consumed; but if the claimant
is unable to segregate the amounts used or consumed in separate
residential units, the claimant has the right to all the benefits of
Section 8446.