Q: Generally, what types of changes were made to the law?

A: The law is now more user friendly. The entire statute has been reorganized, clarified and made more uniform. Old terminology has been modernized, inconsistencies have been resolved and long provisions have been broken down into shorter, more understandable provisions.

 

Q: How has the new statute been reorganized?

 

A: All of the old code sections have been repealed and an entirely new set of statutes was enacted and placed at the end of the Civil Code, starting with section 8000. Other changes were also made. For example, under the old law there was one very long and complicated section addressing preliminary 20-day notices. Now, there is one chapter containing nine sections addressing the topic. As another example, all requirements concerning notice are consistently addressed in one chapter, rather than inconsistently spread throughout the code sections.

 

Q: What are examples of modernized terminology?

A: Although the new law continues to use the archaic phrase “mechanics lien” because it is an understood term of art in the construction industry, it deletes the apostrophe. The term “original contractor” has been changed to “direct contractor,” but still means one in direct contract with the owner. The term “direct contract” is introduced in the new law and means a contract between a direct contractor and an owner. The term “stop notice” has been changed to “stop payment notice.” The term “materialman” has been changed to “material supplier.”