Subcontractor electing to pay instead of defend: pay reasonable allocated share of defense fees within 30 days of receipt of each invoice

30 days after date the subcontractor received the general contractor's (or construction manager's) invoice for defense fees and costs, under Cal. Civ. Code 2782.05(e)(2).

Rule text

(2) Pay, within 30 days of receipt of an invoice from the general contractor or construction manager, no more than a reasonable allocated share of the general contractor's or construction manager's defense fees and costs, on an ongoing basis during the pendency of the claim, subject to reallocation consistent with subdivision (a), and including any amounts reallocated upon final resolution of the claim, either by settlement or judgment.

Cal. Civ. Code 2782.05(e)(2), official source

Calculate this deadline

Deadline
Monday, December 7, 2026
  1. Trigger (Date the subcontractor received the general contractor's (or construction manager's) invoice for defense fees and costs): Friday, November 6, 2026.
  2. Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
  3. That day is a Sunday, so the deadline moves to the next court day: Monday, December 7, 2026 (Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)).
Rules applied
Cal. Civ. Code 2782.05(e)(2)
(2) Pay, within 30 days of receipt of an invoice from the general contractor or construction manager, no more than a reasonable allocated share of the general contractor's or construction manager's defense fees and costs, on an ongoing basis during the pendency of the claim, subject to reallocation consistent with subdivision (a), and including any amounts reallocated upon final resolution of the claim, either by settlement or judgment.
Official source
Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." FRCP 6(a): "The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time. (1) ... (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."
Official source
  • Recurring per invoice. Late payment exposes the subcontractor to damages, interest at the 3260(g) rate, and fees (2782.05(f)). Applies to construction contracts entered into on or after Jan. 1, 2013, excluding residential construction subject to SB 800, public-agency and owner direct contracts, wrap-up programs, and other exclusions in 2782.05(b). Parties may mutually agree on timing (2782.05(e)). Section added by Stats. 2011, ch. 707 (SB 474).
  • If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
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This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.

Worked example

Date the subcontractor received the general contractor's (or construction manager's) invoice for defense fees and costs on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.

  1. Trigger (Date the subcontractor received the general contractor's (or construction manager's) invoice for defense fees and costs): Monday, March 15, 2027.
  2. Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.

Notes

Recurring per invoice. Late payment exposes the subcontractor to damages, interest at the 3260(g) rate, and fees (2782.05(f)). Applies to construction contracts entered into on or after Jan. 1, 2013, excluding residential construction subject to SB 800, public-agency and owner direct contracts, wrap-up programs, and other exclusions in 2782.05(b). Parties may mutually agree on timing (2782.05(e)). Section added by Stats. 2011, ch. 707 (SB 474).

Related deadlines

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Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.