California Codes, Civil Code - CIV, Division 4 — General Provisions, Part 6 — Works of Improvement, Title 2 — Private Works of Improvement, Chapter 5 — Stop Payment Notice, Article 3 — Stop Payment Notice to Construction Lender, Section 8532

A claimant may give a construction lender a stop payment notice accompanied by a bond in an amount equal to 125 percent of the amount of the claim. The bond shall be conditioned that if the defendant recovers judgment in an action to enforce payment of the claim stated in the stop payment notice or to enforce a claim of lien recorded by the claimant, the claimant will pay all costs that are awarded the owner, direct contractor, or construction lender, and all damages to the owner, direct contractor, or construction lender that result from the stop payment notice or recordation of the claim of lien, not exceeding the amount of the bond.

Notes

Allows a claimant to give a construction lender a stop payment notice with a bond equal to 125 percent of the claim. Requires the bond to cover awarded costs and resulting damages to the owner, direct contractor, or lender if the defendant prevails, with liability capped at the bond amount.

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