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2021 California Code
Civil Code - CIV
DIVISION 4 - GENERAL PROVISIONS
PART 6 - WORKS OF IMPROVEMENT
TITLE 2 - PRIVATE WORKS OF IMPROVEMENT
CHAPTER 8 - Prompt Payment
ARTICLE 2 - Retention Payment
Section 8812.
Universal Citation: CA Civ Code § 8812 (2021)
8812.
(a) If an owner withholds a retention from a direct contractor, the owner shall, within 45 days after completion of the work of improvement, pay the retention to the contractor.
(b) If part of a work of improvement ultimately will become the property of a public entity, the owner may condition payment of a retention allocable to that part on acceptance of the part by the public entity.
(c) If there is a good faith dispute between the owner and direct contractor as to a retention payment due, the owner may withhold from final payment an amount not in excess of 150 percent of the disputed amount.
(Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)
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