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HomeCivil CodeDiv. 4Pt. 6Ch. 8Art. 1§ 8800 Contractor Payment Dispute Rules

§ 8800 Contractor Payment Dispute Rules

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

§ 8800 Contractor Payment Dispute Rules

Key Takeaways

  • •If you hire someone to do work (like build a house) and you agree on payments, you must pay them within 30 days of getting their bill. No excuses unless you both agreed to something else in writing.
  • •If you and the worker disagree about how much they should be paid, you can hold back some money—but no more than 1.5 times the amount you’re arguing about.
  • •If you don’t pay on time or hold back too much money, you’ll owe extra money (2% per month) as a penalty, and the worker can make you pay their lawyer fees if they sue you to get their money.
  • •This rule doesn’t change other rules about holding back a small percentage of the total payment until the job is fully done.

Example

You hire a contractor to build a new kitchen. The contract says you’ll pay them $10,000 after they finish the first half of the work. They finish and send you a bill for $10,000.

You have 30 days to pay them the $10,000. If you don’t pay on time, they can charge you an extra 2% per month on the $10,000 until you pay. If you think they did a bad job and only deserve $8,000, you can hold back up to $3,000 (which is 1.5 times the $2,000 you’re arguing about) while you sort it out. If you hold back more or don’t pay at all, you’ll owe penalties and might have to pay their lawyer fees if they take you to court.

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

Official Source
View on CA.gov

§ 8800 Contractor Payment Dispute Rules

(a) Except as otherwise agreed in writing by the owner and direct contractor, the owner shall pay the direct contractor, within 30 days after notice demanding payment pursuant to the contract is given, any progress payment due as to which there is no good faith dispute between them. The notice given shall comply with the requirements of Chapter 2 (commencing with Section 8100) of Title 1. (b) If there is a good faith dispute between the owner and direct contractor as to a progress payment due, the owner may withhold from the progress payment an amount not in excess of 150 percent of the disputed amount. (c) An owner that violates this section is liable to the direct contractor for a penalty of 2 percent per month on the amount wrongfully withheld, in place of any interest otherwise due. In an action for collection of the amount wrongfully withheld, the prevailing party is entitled to costs and a reasonable attorney’s fee. (d) This section does not supersede any requirement of Article 2 (commencing with Section 8810) relating to the withholding of a retention. (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

good faith disputeprogress paymentwrongfully withheldretention

Related Statutes

  • § 8802 Subcontractor Progress Payments
  • § 8812 Retention Payment Deadlines
  • § 5600 Association Assessment Limits
  • § 5605 Assessment Increase Limits
  • § 5610 Emergency Assessment Increases

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 8800.
View Official Source