Notice of Unpaid Compensation - Construction Liens - Civil Code Section 8104 - Individual
Note: This summary is not intended
to be an all-inclusive summary of California Construction Lien law.
8104 A direct contractor and subcontractor on a work of improvement that employs a laborer and fails to pay the full compensation due the laborer, including any employer payments described in Section 1773.1 of the Labor Code and implementing regulations, shall not later than the date the compensation became delinquent, give the laborer, the laborer's bargaining representative, if any, the construction lender or reputed construction lender, if any, and the owner or reputed owner, notice that includes all of the following information, in addition to the information required by Section 8102:
(1) The name and address of the laborer, and of any person or
entity described in subdivision (b) of Section 8024 to which employer
payments are due.
(2) The total number of straight time and overtime hours worked by
the laborer on each job.
(3) The amount then past due and owing.
Failure to give this notice shall constitute grounds for disciplinary action under the Contractors' State License Law, Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code.
Section 8102
(a) Notice under this part (Part 6 Works of Improvement) shall, in addition to any other information required by statute for that type of notice, include all
of the following information to the extent known to the person giving
the notice:
(1) The name and address of the owner or reputed owner.
(2) The name and address of the direct contractor.
(3) The name and address of the construction lender, if any.
(4) A description of the site sufficient for identification,
including the street address of the site, if any. If a sufficient
legal description of the site is given, the effectiveness of the
notice is not affected by the fact that the street address is
erroneous or is omitted.
(5) The name, address, and relationship to the parties of the
person giving the notice.
(6) If the person giving the notice is a claimant:
(A) A general statement of the work provided.
(B) The name of the person to or for whom the work is provided.
(C) A statement or estimate of the claimant's demand, if any,
after deducting all just credits and offsets.
(b) Notice is not invalid by reason of any variance from the
requirements of this section if the notice is sufficient to
substantially inform the person given notice of the information
required by this section and other information required in the
notice.