SECTIONS 9300-9306 - California Statutes

CIVIL CODE

SECTION 9300-9306

9300. (a) Except as otherwise provided by statute, before 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 public entity.
(2) The direct contractor to which the claimant provides work.
(b) Notwithstanding subdivision (a):
(1) A laborer is not required to give preliminary notice.
(2) A claimant that has a direct contractual relationship with a
direct contractor is not required to give preliminary notice.
(c) Compliance with this section is a necessary prerequisite to
the validity of a stop payment notice under this title.
(d) Compliance with this section or with Section 9562 is a
necessary prerequisite to the validity of a claim against a payment
bond under this title.

9302. (a) Except as provided in subdivision (b), preliminary notice
shall be given in compliance with the requirements of Chapter 2
(commencing with Section 8100) of Title 1.
(b) If the public works contract is for work constructed by the
Department of Public Works or the Department of General Services of
the state, preliminary notice to the public entity shall be given to
the disbursing officer of the department constructing the work.

9303. The preliminary notice shall comply with the requirements of
Section 8102, and shall also include:
(a) A general description of the work to be provided.
(b) An estimate of the total price of the work provided and to be
provided.

9304. A claimant may give a stop payment notice or assert a claim
against a payment bond only for work provided within 20 days before
giving preliminary notice and at any time thereafter.

9306. 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.