California Codes, Civil Code - CIV, Division 4 — General Provisions, Part 6 — Works of Improvement, Title 3 — Public Work of Improvement, Chapter 3 — Preliminary Notice, Section 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.

Notes

Requires a claimant, before giving a stop payment notice or asserting a payment-bond claim, to give preliminary notice to the public entity and relevant direct contractor. Exempts laborers and claimants contracting directly with the direct contractor, and makes compliance a prerequisite to validity of the stop payment notice or bond claim, subject to the referenced alternative.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 9300 | https://laws.lexinter.net/codes/california/civil-code/division-4/part-6/title-3/chapter-3/section-9300

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