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DIVISION 4. GENERAL PROVISIONS 3274-9566›PART 6. WORKS OF IMPROVEMENT 8000-9566›TITLE 2. PRIVATE WORKS OF IMPROVEMENT 8160-8848›CHAPTER 8. Prompt Payment 8800-8848›ARTICLE 2. Retention Payment 8810-8822

§ 8818

California Civil Code · 2020-11 edition · updated 2026-10-04 · California

If an owner or direct contractor does not make a retention payment within the time required by this article:

(a) The owner or direct contractor is liable to the person to which payment is owed for a penalty of 2 percent per month on the amount wrongfully withheld, in place of any interest otherwise due.

(b) In an action for collection of the amount wrongfully withheld, the prevailing party is entitled to costs and reasonable attorney’s fees.

(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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