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CA SB440
Bill
Status
10/10/2025
Primary Sponsor
Rosilicie Ochoa Bogh
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AI Summary
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Establishes a mandatory claim resolution process for contractors and subcontractors on private construction projects for contracts entered into on or after January 1, 2026, with the provisions set to expire January 1, 2030
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Requires owners to review claims and provide written responses identifying disputed and undisputed portions within 30 days, with undisputed amounts to be paid within 60 days
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Creates a tiered dispute resolution process: informal meet-and-confer conference within 30 days of demand, followed by nonbinding mediation with costs split equally if disputes remain
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Imposes 2% monthly interest on undisputed amounts not paid timely and on disputed amounts later found to be owed, calculated from when payment would have been due
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Grants contractors and subcontractors the right to suspend work without penalty after providing proper notice when payments are overdue, and prohibits waiver of these rights as contrary to public policy
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Excludes government agencies, public entities, and residential projects that are not mixed-use and do not exceed four stories
Legislative Description
Private Works Change Order Fair Payment Act.
Last Action
Chaptered by Secretary of State. Chapter 583, Statutes of 2025.
10/10/2025