8530-8538

CIVIL CODE
SECTION 8530-8538




8530.  A person that has a lien right under Chapter 4 (commencing
with Section 8400) may give a construction lender a stop payment
notice.


8532.  A claimant may give a construction lender a stop payment
notice accompanied by a bond in an amount equal to 125 percent of the
amount of the claim. The bond shall be conditioned that if the
defendant recovers judgment in an action to enforce payment of the
claim stated in the stop payment notice or to enforce a claim of lien
recorded by the claimant, the claimant will pay all costs that are
awarded the owner, direct contractor, or construction lender, and all
damages to the owner, direct contractor, or construction lender that
result from the stop payment notice or recordation of the claim of
lien, not exceeding the amount of the bond.



8534.  (a) A construction lender that objects to the sufficiency of
sureties on the bond given with a bonded stop payment notice shall
give notice to the claimant of the objection, within 20 days after
the bonded stop payment notice is given. The notice shall comply with
the requirements of Chapter 2 (commencing with Section 8100) of
Title 1.
   (b) The claimant may within 10 days after notice of the objection
is given substitute for the initial bond a bond executed by an
admitted surety insurer. If the claimant does not substitute a bond
executed by an admitted surety insurer, the construction lender may
disregard the bonded stop payment notice and release all funds
withheld in response to that notice.


8536.  (a) Except as provided in subdivision (b), on receipt of a
stop payment notice a construction lender shall withhold from the
borrower or other person to whom the lender or the owner is obligated
to make payments or advancement out of the construction fund
sufficient funds to pay the claim stated in the notice.
   (b) The construction lender may, at its option, elect not to
withhold funds in any of the following circumstances:
   (1) The stop payment notice is unbonded.
   (2) The stop payment notice is given by a claimant other than a
direct contractor, and a payment bond is recorded before the lender
is given any stop payment notice.



8538.  (a) The claimant may make a written request for notice of an
election by the construction lender under Section 8536 not to
withhold funds. The request shall be made at the time the claimant
gives the construction lender the stop payment notice and shall be
accompanied by a preaddressed, stamped envelope.
   (b) If the construction lender elects not to withhold funds under
Section 8536, the lender shall, within 30 days after making the
election, give notice of that fact to a claimant who has requested
notice of the election under subdivision (a). The notice shall comply
with the requirements of Chapter 2 (commencing with Section 8100) of
Title 1. If the basis of the election is the recordation of a
payment bond under Section 8600, the construction lender shall
include a copy of the bond with the notice.
   (c) A construction lender is not liable for failure to include a
copy of the bond with the notice under this section if all of the
following conditions are satisfied:
   (1) The failure was not intentional and resulted from a bona fide
error.
   (2) The lender maintains reasonable procedures to avoid an error
of that type.
   (3) The lender corrected the error not later than 20 days after
the date the lender discovered the violation.