§ 8814. — 8814. (Added by Stats. 2010, Ch. 697, Sec. 20.)

California § 8814.

• Jurisdiction: California
• Code CIV: Civil Code - CIV
• Div. 4.: DIVISION 4. GENERAL PROVISIONS
• Title: 2.
• Part 6.: TITLE 2. PRIVATE WORKS OF IMPROVEMENT
• Ch. 8.: CHAPTER 8. Prompt Payment
• Art. 2.: ARTICLE 2. Retention Payment

Text

(a)
If a direct contractor has withheld a retention from one or more subcontractors, the direct contractor shall, within 10 days after receiving all or part of a retention payment, pay to each subcontractor from whom retention has been withheld that subcontractor’s share of the payment.
(b)
If a retention received by the direct contractor
is specifically designated for a particular subcontractor, the direct contractor shall pay the retention payment to the designated subcontractor, if consistent with the terms of the subcontract.
(c)
If a good faith dispute exists between the direct contractor and a subcontractor, the direct contractor may withhold from the retention to the subcontractor an amount not in excess of 150 percent of the estimated value of the disputed amount.

Legislative History

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.