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HomeCivil CodeDiv. 4Pt. 6Ch. 4Art. 2§ 9402 Contractor Fund Release Affidavit

§ 9402 Contractor Fund Release Affidavit

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 9402 Contractor Fund Release Affidavit

Key Takeaways

  • •If a contractor thinks they're not being paid fairly by the government, they can write a special paper (affidavit) to ask for their money.
  • •The paper must explain why they think the money is being held unfairly and how much they want back.
  • •The contractor must include their California address so the government can send them letters about it.

Example

A construction company builds a new school for the city, but the city refuses to pay the last $50,000 because they say the work wasn’t perfect.

The construction company can write a special paper saying the city is wrong and should pay them. They have to explain why the work was good enough and give their address so the city can respond.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 9402 Contractor Fund Release Affidavit

The direct contractor shall serve on the public entity an affidavit, together with a copy of the affidavit, in compliance with the requirements of Chapter 2 (commencing with Section 8100) of Title 1, that includes all of the following information: (a) An allegation of the grounds for release of the funds and a statement of the facts supporting the allegation. (b) A demand for the release of all or the portion of the funds that are alleged to be withheld improperly or in an excessive amount. (c) A statement of the address of the contractor within the state for the purpose of permitting service by mail on the contractor of any notice or document. (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.)

Last verified: January 21, 2026

Key Terms

direct contractoraffidavitpublic entityrelease of the fundswithheld improperlyexcessive amountaddress of the contractorservice by mail

Related Statutes

  • § 9412 Summary Release Proceedings
  • § 8412 Contractor Lien Filing Deadlines
  • § 8414 Lien Enforcement Deadlines
  • § 9358 Public Entity Payment Withholding
  • § 9364 Public Contractor Release Bonds

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 9402.
View Official Source