Commercial Claims

We provide guidance and information on the following subjects:


  • Advertising and bidding
  • Audit code profile
  • Audit Contracts
  • Bonding requirements
  • Board acceptance of completed public works
  • Certification of Signatures
  • Construction contracts, codes and regulations
  • District Commercial Warrants
  • Emergency Resolution Requests
  • Global Vendor Setup and Change Requests
  • Independent consultant contracts
  • Invoices
  • Legal Codes related to local agencies purchasing
  • Notice of completion of public works
  • Purchase orders
  • Releases of stop notices
  • Retention requirements
  • Stop notices
Frequently Asked Questions

Topic:  Stop Notice with Sub-Contractor

Question

Can we continue to make payments to contractors as long as we have retention to cover stop notice?

Answer
Retention is the amount required by PCC 9203 to be withheld for public works contracts exceeding $5,000 and is payable to the contractor upon completion of the project. A stop notice is a demand from a sub-contractor or supplier to withhold funds due to the contractor which per CC 3186 requires the district to withhold an amount sufficient to answer the claim plus a reasonable cost of possible litigation (125% of amount of Stop Notice). The district is required to withhold funds at the time of receipt of the Stop Notice.

The district can continue to make progress payments to the contractor as long as the retention is not less than 5% of the completed project to date. However, a district is not exempt from withholding the required funds from the amount due to the contractor upon receipt of Stop Notice from the sub-contractor even though there is enough Retention to cover the Stop Notice. The retention does not satisfy the Stop Notice withholding requirement.