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Business and Professions Code section 7159

Text as of October 25, 2026.

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(8) If a downpayment will be charged, the details of the downpayment shall be expressed in substantially the following form, and shall include the text of the notice as specified in subparagraph (C): (A) The heading: “Downpayment.” (B) A space where the actual downpayment appears. (C) The following statement in at least 12-point boldface type: “THE DOWNPAYMENT MAY NOT EXCEED $1,000 OR 10 PERCENT OF THE CONTRACT PRICE, WHICHEVER IS LESS.” (9) If payments, other than the downpayment, are to be made before the project is completed, the details of these payments, known as progress payments, shall be expressed in substantially the following form, and shall include the text of the statement as specified in subparagraph (C): (A) A schedule of progress payments shall be preceded by the heading: “Schedule of Progress Payments.” (B) Each progress payment shall be stated in dollars and cents and specifically reference the amount of work or services to be performed and materials and equipment to be supplied. (C) The section of the contract reserved for the progress payments shall include the following statement in at least 12-point boldface type: “The schedule of progress payments must specifically describe each phase of work, including the type and amount of work or services scheduled to be supplied in each phase, along with the amount of each proposed progress payment. IT IS AGAINST THE LAW FOR A CONTRACTOR TO COLLECT PAYMENT FOR WORK NOT YET COMPLETED, OR FOR MATERIALS NOT YET DELIVERED. HOWEVER, A CONTRACTOR MAY REQUIRE A DOWNPAYMENT.” (10) The contract shall address the commencement of work to be performed in substantially the following form: (A) A statement that describes what constitutes substantial commencement of work under the contract. (B) The heading: “Approximate Start Date.” (C) The approximate date on which work will be commenced. (11) The estimated completion date of the work shall be referenced in the contract in substantially the following form: (A) The heading: “Approximate Completion Date.” (B) The approximate date of completion. (12) If applicable, the heading: “List of Documents to be Incorporated into the Contract,” followed by the list of documents incorporated into the contract. (13) The heading: “Note About Extra Work and Change Orders,” followed by the following statement: “Extra Work and Change Orders become part of the contract once the order is prepared in writing and signed by the parties prior to the commencement of work covered by the new change order. The order must describe the scope of the extra work or change, the cost to be added or subtracted from the contract, and the effect the order will have on the schedule of progress payments.” (e) Except as provided in paragraph (8) of subdivision (a) of Section 7159.5, all of the following notices shall be provided to the owner as part of the contract form as specified or, if otherwise authorized under this subdivision, may be provided as an attachment to the contract: (1) A notice concerning commercial general liability insurance. This notice may be provided as an attachment to the contract if the contract includes the following statement: “A notice concerning commercial general liability insurance is attached to this contract.” The notice shall include the heading “Commercial General Liability Insurance (CGL),” followed by whichever of the following statements is both relevant and correct:

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This is the law as we saved it on October 25, 2026. Laws change, so check the official site for the current wording. This page is for study only and is not legal advice.