2009 California Civil Code - Section 3183-3187 :: Article 3. Conditions To Service Of Stop Notice

CIVIL CODE
SECTION 3183-3187

3183.  A claimant shall be entitled to enforce a stop notice only if
he has complied with each of the following conditions:
   (a) He shall have given the preliminary 20-day notice (public
work) in accordance with Section 3098 if required by that section.
   (b) He shall have filed his stop notice as defined in Section 3103
and in accordance with Section 3184.

3184.  To be effective, any stop notice pursuant to this chapter
must be served before the expiration of:
   (a) Thirty days after the recording of a notice of completion
(sometimes referred to in public works as a notice of acceptance) or
notice of cessation, if such notice is recorded.
   (b) If no notice of completion or notice of cessation is recorded,
90 days after completion or cessation.

3185.  No later than 10 days after the filing of a notice of
completion or after the cessation of labor has been deemed a
completion of the public work or after the acceptance of completion,
whichever is later, the public entity shall give notice of the
expiration of such period to each stop notice claimant by personal
service, or registered or certified mail. When service is by
registered or certified mail, service is complete at the time of the
deposit of the registered or certified mail in a United States post
office, addressed to the claimant at the address shown upon his stop
notice claim. No such notice need be given unless the claimant shall
have paid to the public entity the sum of two dollars ($2) at the
time of filing his stop notice.

3186.  It shall be the duty of the public entity, upon receipt of a
stop notice pursuant to this chapter, to withhold from the original
contractor, or from any person acting under his or her authority,
money or bonds (where bonds are to be issued in payment for the work
of improvement) due or to become due to that contractor in an amount
sufficient to answer the claim stated in the stop notice and to
provide for the public entity's reasonable cost of any litigation
thereunder. The public entity may satisfy this duty by refusing to
release money held in escrow pursuant to Section 10263 or 22300 of
the Public Contract Code.

3187.  This chapter does not prohibit (a) the payment of any money
or bonds to the original contractor or his assignee unless a stop
notice is on file before the disbursing officer has actually
surrendered possession of either the warrant, check, bonds, or money,
or (b) the payment to the original contractor or his assignee of any
money due him in excess of an amount sufficient to answer the total
amount of the claims stated in stop notices on file at the time of
such payment plus such interest and court costs as might be
reasonably anticipated in connection with the claims.


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