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HomeCivil CodeDiv. 4Pt. 6Ch. 4Art. 2§ 9410 Contractor Affidavit Burden Proof

§ 9410 Contractor Affidavit Burden Proof

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

§ 9410 Contractor Affidavit Burden Proof

Key Takeaways

  • •If you're a main contractor in a dispute, you have to file a sworn statement (affidavit) in court, and the other side files theirs too.
  • •The court can let you fix your statement if it's fair to do so.
  • •At the court hearing, the main contractor has to prove their side is right.

Example

A contractor builds a house but doesn't pay the plumber. The plumber files a claim in court.

The contractor has to write a sworn statement saying why they didn't pay. The plumber writes one back saying why they deserve the money. In court, the contractor has to prove they're right, like showing the plumber did bad work.

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

Official Source
View on CA.gov

§ 9410 Contractor Affidavit Burden Proof

(a) The affidavit and counteraffidavit shall be filed with the court by the public entity and shall constitute the pleadings, subject to the power of the court to permit an amendment in the interest of justice. The affidavit of the direct contractor shall be deemed controverted by the counteraffidavit of the claimant, and both shall be received in evidence. (b) At the hearing, the direct contractor has the burden of proof. (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

affidavitcounteraffidavitpleadingsburden of proof

Related Statutes

  • § 9412 Summary Release Proceedings
  • § 9402 Contractor Fund Release Affidavit
  • § 9404 Claimant Counteraffidavit Deadline
  • § 9406 Contractor Affidavit Dispute Process
  • § 9408 Contractor Claim Rights Declaration

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 9410.
View Official Source