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Law and Legislation
There are many statutes which have to do with construction defect claims. We have listed some of the main statutes below. Every situation is different, so please feel free to contact us should you have any questions.
Selected Statutes of Limitation (California)
There are two primary statutes of limitation which homeowners and homeowner associations in California should be aware of. The three and the ten-year statutes. The way to measure when a statute begins running is from one of three benchmarks. (Give us a call if you are in Nev, Az, or any other state)
The Three-Year (patent) Statute of Limitations (CCP 338)
This statute states that you have three years to file a claim from when you first notice a problem such as a leaky roof or window, cracked stucco, drainage problems and such. But, remember it's three years within the overall ten-year statute discussed below. Therefore, once you note a defective condition, the statute starts running.
The Overall (latent) Ten-Year Statute of Repose (CCP 337.15)
This statute states that you have ten years from when a Notice of Completion was filed, when the final was given on the building permit or when the homeowner took up residence, whichever is earliest, to file a claim for defective construction even if the defect is latent in nature ( i.e. not readily observable). If you discover a problem in year eleven, you're most likely too late.
Senate Bill SB800 (California)
In California, if your home closed escrow after January 1, 2003, you will be subject to a pre-litigation procedure which is commonly known as SB800 or the "right to repair" procedure. We have outlined the procedure below. Please give a call if you fall in this category for more information.
California Civil Code Section 1134
This Code section sets out the required disclosure when a converter of an apartment building to condos wishes to sell a unit. For more information on condominium conversions, please see Condominium Conversions.
This code section says that the Owner or Subdivider shall do the following: Deliver to the prospective buyer a written statement listing all substantial defects or malfunctions in the major systems in the units and common areas or;
Provide a written statement disclaiming knowledge of any such substantial defects or malfunctions. (The disclaimer may be delivered only after the owner or subdivider has inspected the unit and the common areas and has not discovered a substantial defect or malfunction which a reasonable inspection would have disclosed.)
"Major systems" include, but are not limited to the roofs, walls, floors, heating, air conditioning, plumbing, electrical systems or components of a similar or comparable nature and recreational facilities.
Written statement shall be delivered personally or by mail to the prospective buyer or agent.
Any person who willfully fails to carry out the requirements of this section shall be liable in the amount of actual damages suffered by the buyer.
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The information contained on this website may provide general legal information but is not intended to give legal advice or counsel on any specific legal matter. It does not create an attorney-client relationship and should not be relied upon in lieu of legal counsel.