94, 560; 95, 393; 95, 394; 95, 395; 96, 257 11; 97, 188; 97, 257; 97, 266; 97, 645; 98, 154; 99, 319; 99, 453; 99, 454; 104, 507; 104, 31; 110, 168; 94, 236; 107, 60; 107, 64; 110, 510; 111, 293; 115, 343; 115, 661; 117, 214; 117, 699; 118, 154; 120, 95; 120, 96; 120, 456; 120, 457; 121, 155; 122, 81; 14; 126, 567; 127, 11832. Building contracts, what provisions must contain. Repealed. En. 1900-01, 817. Rep. 1903, 21. § 1184. Contract price payable in installments. No part of the contract price shall, by the terms of any such contract, be made payable, nor shall the same or any part thereof be paid in advance of the commencement of the work, but the contract price shall, by the terms of the contract, be made payable in installments at specified times after the commencement of the work, or on the completion of specified portions of the work, or on the completion of the whole work; provided, that at least twenty-five per cent of the whole contract price shall be made payable at least thirty-five days after the final completion of the contract. No payment made prior to the time when the same is due, under the terms and conditions of the contract, shall be valid for the purpose of defeating, diminishing, or discharging any lien in favor of any person, except the contractor, but as to such liens, such payment shall be deemed as if not made, and shall be applicable to such liens, notwithstanding that the contractor to whom it was paid may thereafter abandon his contract, or be or become indebted to the reputed owner in any amount for damages or otherwise, for nonperformance of his contract or otherwise. As to all liens, except that of the contractor, the whole contract price shall be payable in money, and shall not be diminished by any prior or subsequent indebtedness, offset, or counterclaim, in favor of the reputed owner and against the contractor; no alteration of any such contract shall affect any lien acquired under the provisions of this chapter. In case such contracts and alterations thereof do not conform substantially to the provisions of this section, the labor done and materials furnished by all persons except the contractor shall be deemed to have been done and furnished at the personal instance and request of the person who contracted with the contractor, and they shall have a lien for the value thereof. Any of the persons mentioned in section eleven hundred and eighty-three, except the contractor, may at any time give to the reputed owner a written notice that they have performed labor or furnished materials, or both, to the contractor, or other person acting by authority of the reputed owner, or that they have agreed to do so, stating in general terms the kind of labor and materials, and the name of the person to or for whom the same was done or furnished, or both, and the amount in value, as near as may be, of that already done or furnished, or both, and of the whole agreed to be done or furnished, or both. Such notice may be given by delivering the same to the reputed owner personally, or by leaving it at his residence or place of business, with some person in charge, or by delivering it to his architects, or by leaving it at their residence or place of business, with some person in charge, or by posting it in a conspicuous place upon the mining claim or improvement. No such notice shall be invalid by reason of any defect of form, provided it is sufficient to inform the reputed owner of the substantial matters herein provided for, or to put him upon inquiry as to such matters. Upon such notice being given, it shall be the duty of the person who contracted with the contractor to, and he shall, withhold from his contractor, or from any other person acting under such reputed owner, and to whom by said notice the said labor or materials, or both, have been furnished, or agreed to be furnished, sufficient money due, or that may become due to such contractor, or other person, to answer such claim and any lien that may be filed therefor for record under this chapter, including counsel fees not exceeding one hundred dollars in each case, besides reason able costs provided for in this chapter. En. March 11, 1872. 94, 561; 107, 99, 635; 104, 225; 107, 60; 112, 291; 119, 182; 122, 81; 65; 109, 551; 111, 667; 124, 27; 124, 513; 125, 226; 125, 589; 126, 14; 129, 413; 130, 238; 130, 239; 130, 242; 131, 136; 132, 495; 133, 117; 133, 243; 133, 244; 135, 640; 135, 642; 136, 124; 136, 126; 138, 427; 138, 429; 138, 430; 138, 628. § 1185. What interest in the land subject to the lien. The land upon which any building, improvement, well, or structure is constructed, together with a convenient space about the same, or so much as may be required for the convenient use and occupation thereof, to be determined by the court on rendering judgment is also subject to the lien, if at the commencement of the work, or of the furnishIng of the materials for the same, the land belonged to the person who caused said building, improvement, well, or structure to be constructed, altered, or repaired, but if such person owned less than a fee simple estate in such land, then only his interest therein is subject to such lien. En. March 11, 1872. Am'd. 1873-4, 351; 1899, 24. Cal.Rep. Cit. 54, 627; 61, 353; 66, 196; 70, 126; 74, 360; 80, 277; 80, 278; 94, 211; 98, 286; 109, 551; 120, 284; 66, 197; 66, 292; 80, 279; 87, 512; 120, 285; 126, 12. § 1186. Effect of liens. The liens provided for in this chapter are preferred to any lien, mortgage, or other incumbrance which may have attached subsequent to the time when the building, improvement, or structure was commenced, work done, or materials were commenced to be furnished; also, to any lien, mortgage or other incumbrance of which the lienholder had no notice, and which was unrecorded at the time the building, improvement or structure was commenced, work done, or the materials were commenced to be furnished. En. March 11, 1872. Cal.Rep.Cit. 57, 49; 61, 354; 66, 199; 74, 360; 80, 67; 87, 627; 131, 144. Parties to suit: Sec. 1190. 66, 200; 66, 201; § 1187. Claim of lien to be filed in recorder's office. The owner of any property on which labor has been performed, or for which materials have been furnished to be used in the construction, alteration, addition to, or repair, either in whole or in part, of any work, mentioned in section eleven hundred and eighty-three of this code must, within ten days after the completion thereof, or within forty days after cessation from labor upon any unfinished contract, or upon any unfinished building, improvement, or structure, or the alteration, addition to, or the repair thereof, file for record in the office of the county recorder of the county, or city and county, in which such property or some part thereof is situated, a notice setting forth the date when such building, improvement, or structure, or the alteration, addition to, or repair thereof, was actually completed, or in case of cessation from labor for thirty days, the date on which such cessation actually occurred, and said notice shall also contain the name and the nature of the title of the person who caused the said building, improvement, or structure to be erected, or said alteration, addition to, or repair to be made, and also a description of the property sufficient for identification, and said notice must be verified by said owner or some other person in his behalf. In case any such owner neglect to file said notice as herein required, within the time herein required, then the said owner and all persons deraigning title from him, and all persons claiming an interest in said property, shall be estopped in any proceedings brought to foreclose any mechanics' lien or liens, provided for in this chapter, from maintaining a defense therein based on the ground that said lien or liens have not been filed within the time provided in this chapter. Said notice, when so filed for record must be recorded by the county recorder with whom the same is filed for record, and the fee for recording the same shall be the sum of one dollar. Every original contractor, at any time after the completion of his contract, and until the expiration of sixty days after the filing of said notice of completion or notice of cessation of labor by the owner, and every person save the original contractor claiming the benefit of this chapter at any time after the completion of any building, improvement, or structure, or of the alteration, addition to, or repair thereof, and until the expiration of thirty days after the filing of said notice of completion or cessation by said owner, or within thirty days after the performance of any labor in a mining claim, must file for record with the county recorder of the county, or city and county, in which such property or some part thereof is situated, a claim containing a statement of his demand, after deducting all just credits and offsets, with the name of the owner or reputed owner, if known, and also the name of the person by whom he was employed, or to whom he furnished the materials, with a statement of the terms, time given, and conditions of his contract, and also a description of the property to be charged with the lien, sufficient for identification, which claim must be verified by the oath of himself or of some other person; provided, however, that in any event all claims of lien must be filed within ninety days after the completion of said building, improvement, or structure, or the alteration, addition to or repair thereof. Any trivial imperfection in the said work, or in the construction of any building, improvement, or structure, or of the alteration, addition to, or repair thereof, shall not be deemed such a lack of completion as to prevent the filing of any lien; and in all cases the occupation or use of a building, improvement, or structure, by the owner, or his representative, or the acceptance by said owner or his agent of said building, improvement, or structure, and cessation from labor for thirty days upon any contract or upon any building, improvement, or structure, or the alteration, addition to, or repair thereof, shall be deemed equivalent to a completion thereof for all the purposes of this chapter. En. March 11, 1872. Am'd. 1873-4, 410; 1887, 154; 1897, 202. Cal. Rep.Cit. 54, 221; 54, 222; 54, 642; 55, 391; 60, 441; 63, 430; 74, 279; 81, 646; 96, 337; 96, 338; 96, 386 102, 325; 103, 106; 103, 107; 109, 180; 109, 550; 109, 551; 115, 3; 115, 662; 119, 379; 94, 237; 94, 238; 96, 334; Verification of claim: Ante, sec. 446. 44; |
