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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.

* When a Notice of Completion was filed
* When the final was given on the building permit
* When the homeowner took up residence, whichever is earliest.

 

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.