There is a newer version of the California Code
2010 California Code
Civil Code
Article 2. Security Requirement
CIVIL CODE
SECTION 8710-8716
8710. An owner described in subdivision (a) of Section 8700 shall provide the direct contractor all of the following: (a) Security for the owner's payment obligation pursuant to the contract. The security shall be used only if the owner defaults on the payment obligation to the direct contractor. This subdivision does not apply to an owner that is the majority owner of the direct contractor. (b) A copy, certified by the county recorder, of any recorded mortgage or deed of trust that secures the construction loan of a lending institution for the work of improvement, disclosing the amount of the loan. 8712. If an owner fails to provide or maintain the security required by this chapter, the direct contractor may give the owner notice demanding security. The notice shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1. If the owner does not provide or maintain the security within 10 days after notice demanding security is given, the direct contractor may suspend work until the owner provides or maintains the security. 8714. It is against public policy to waive the provisions of this chapter by contract. 8716. This chapter does not affect any statute providing for mechanics liens, stop payment notices, bond remedies, or prompt payment rights of a subcontractor, including the direct contractor's payment responsibilities under Section 7108.5 of the Business and Professions Code.
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