California Civil Code 8430 – (a) The lien is a direct lien for the lesser of the following …
(a) The lien is a direct lien for the lesser of the following amounts:
(1) The reasonable value of the work provided by the claimant.
Terms Used In California Civil Code 8430
- Contract: A legal written agreement that becomes binding when signed.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
(2) The price agreed to by the claimant and the person that contracted for the work.
(b) The lien is not limited in amount by the contract price for the work of improvement except as provided in Section 8600.
(c) This section does not preclude the claimant from including in a claim of lien work performed based on a written modification of the contract, or as a result of rescission, abandonment, or breach of the contract. If there is a rescission, abandonment, or breach of the contract, the amount of the lien may not exceed the reasonable value of the work provided by the claimant.
(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.)