California Codes, Business and Professions Code - BPC, Division 3 — Professions and Vocations Generally, Chapter 14 — Structural Pest Control Operators, Article 1 — General Provisions, Section 8513

(a) The board shall prescribe a form entitled “Notice to Owner” that shall describe, in nontechnical language and in a clear and coherent manner using words with common and everyday meaning, the pertinent provisions of this state’s mechanics lien laws and the rights and responsibilities of an owner of property and a registered pest control company thereunder. Each company registered under this chapter, prior to entering into a contract with an owner for work for which a company registration is required, shall give a copy of this “Notice to Owner” to the owner, his or her agent, or the payer.

(b) No company that is required to be registered under this chapter shall require or request a waiver of lien rights from any subcontractor, employee, or supplier.

(c) Each company registered under this chapter that acts as a subcontractor for another company registered under this chapter shall, within 20 days of commencement of any work for which a company registration is required, give the preliminary notice in accordance with Chapter 2 (commencing with Section 8200) of Title 2 of Part 6 of Division 4 of the Civil Code, to the owner, his or her agent, or the payer.

(d) Each company registered under this chapter that acts as a prime contractor for work for which a company registration is required shall, prior to accepting payment for the work, furnish to the owner, his or her agent, or the payer a full and unconditional release from any claim of mechanics lien by any subcontractor entitled to enforce a mechanics lien pursuant to Section 8410 of the Civil Code.

(e) Each company registered under this chapter that subcontracts to another company registered under this chapter work for which a company registration is required shall furnish to the subcontractor the name of the owner, his or her agent, or the payer.

(f) A violation of the provisions of this section is a ground for disciplinary action.

Notes

Requires registered structural-pest companies to give the prescribed owner notice before contracting and bars requesting lien-right waivers from subcontractors, employees, or suppliers. Subcontractors must give preliminary notice within 20 days after work starts; prime contractors must furnish qualifying lien releases before accepting payment, companies subcontracting work must provide the owner, agent, or payer’s name, and violations are disciplinary grounds.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 8513 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-3/chapter-14/article-1/section-8513

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