California Public Contract Code Section 10848
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California Laws > Public Contract Code > California Public Contract Code Section 10848
10848. If the control of a contractor is terminated or he or she
abandons the work, and the work is performed by day's labor or
informal contract as provided in Section 10845, he or she is not
entitled to receive any portion of the amount to be paid under the
contract until it is fully completed. After completion, if the unpaid
balance exceeds the sum of the amount expended by the state in
finishing the work, plus all damages sustained or to be sustained by
the state, the excess not otherwise required by law to be retained
shall be paid to the contractor, but if such sum exceeds the unpaid
balance, the contractor and his or her surety are liable to the state
for the excess. If the surety completes the contract work, as
provided in Section 10845, such surety shall be subrogated to money
due under the contract and to money which shall become due in the
course of completion by the surety, to the extent provided by law.
Section: 10848
Last modified: February 22, 2013
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