Prelitigation Procedure - Requirements For Actions For Construction Defects - Civil Law - CA

Section § 910

Before taking legal action against a builder for problems with a home's construction, the homeowner must first give the builder written notice of the specific issue. This notice can be sent by mail or delivered in person and needs to include the homeowner's name, address, contact information, and a detailed description of the problem. For groups of homeowners, addresses can be used instead of individual names. Following this process is similar to starting a legal case. However, using a builder's usual customer service route does not replace this formal notice if you plan to take legal action.

Prior to filing an action against any party alleged to have contributed to a violation of the standards set forth in Chapter 2 (commencing with Section 896), the claimant shall initiate the following prelitigation procedures:

(a) The claimant or his or her legal representative shall provide written notice via certified mail, overnight mail, or personal delivery to the builder, in the manner prescribed in this section, of the claimant’s claim that the construction of his or her residence violates any of the standards set forth in Chapter 2 (commencing with Section 896). That notice shall provide the claimant’s name, address, and preferred method of contact, and shall state that the claimant alleges a violation pursuant to this part against the builder, and shall describe the claim in reasonable detail sufficient to determine the nature and location, to the extent known, of the claimed violation. In the case of a group of homeowners or an association, the notice may identify the claimants solely by address or other description sufficient to apprise the builder of the locations of the subject residences. That document shall have the same force and effect as a notice of commencement of a legal proceeding.

(b) The notice requirements of this section do not preclude a homeowner from seeking redress through any applicable normal customer service procedure as set forth in any contractual, warranty, or other builder-generated document; and, if a homeowner seeks to do so, that request shall not satisfy the notice requirements of this section.

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Section § 911

This section defines who is considered a 'builder' for legal purposes when dealing with homeowner claims on residential properties. A 'builder' can be any person or company involved in selling, constructing, or developing residential units. However, general contractors or contractors who are not connected to the builder in any ownership or partnership role do not fall under this definition. These independent contractors are treated like subcontractors, product manufacturers, or designers.

(a) For purposes of this title, except as provided in subdivision (b), “builder” means any entity or individual, including, but not limited to a builder, developer, general contractor, contractor, or original seller, who, at the time of sale, was also in the business of selling residential units to the public for the property that is the subject of the homeowner’s claim or was in the business of building, developing, or constructing residential units for public purchase for the property that is the subject of the homeowner’s claim.

(b) For the purposes of this title, “builder” does not include any entity or individual whose involvement with a residential unit that is the subject of the homeowner’s claim is limited to his or her capacity as general contractor or contractor and who is not a partner, member of, subsidiary of, or otherwise similarly affiliated with the builder. For purposes of this title, these nonaffiliated general contractors and nonaffiliated contractors shall be treated the same as subcontractors, material suppliers, individual product manufacturers, and design professionals.

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Section § 912

Basically, this law says builders must give homeowners certain important documents about their homes, like plans, warranties, and maintenance tips, within 30 days of being asked in writing. Homeowners usually pay for copying these documents, but they can use their own service. Builders also need to keep a contact for notices and let homeowners know about this person or a third party handling claims. Builders have to notify on the property's title that these rules might affect homeowners' rights and give them a copy of this law when they buy the house. If builders don't follow these rules on time, homeowners can skip these steps and take their case further.

A builder shall do all of the following:

(a) Within 30 days of a written request by a homeowner or his or her legal representative, the builder shall provide copies of all relevant plans, specifications, mass or rough grading plans, final soils reports, Bureau of Real Estate public reports, and available engineering calculations, that pertain to a homeowner’s residence specifically or as part of a larger development tract. The request shall be honored if it states that it is made relative to structural, fire safety, or soils provisions of this title. However, a builder is not obligated to provide a copying service, and reasonable copying costs shall be borne by the requesting party. A builder may require that the documents be copied onsite by the requesting party, except that the homeowner may, at his or her option, use his or her own copying service, which may include an offsite copy facility that is bonded and insured. If a builder can show that the builder maintained the documents, but that they later became unavailable due to loss or destruction that was not the fault of the builder, the builder may be excused from the requirements of this subdivision, in which case the builder shall act with reasonable diligence to assist the homeowner in obtaining those documents from any applicable government authority or from the source that generated the document. However, in that case, the time limits specified by this section do not apply.

(b) At the expense of the homeowner, who may opt to use an offsite copy facility that is bonded and insured, the builder shall provide to the homeowner or his or her legal representative copies of all maintenance and preventative maintenance recommendations that pertain to his or her residence within 30 days of service of a written request for those documents. Those documents shall also be provided to the homeowner in conjunction with the initial sale of the residence.

(c) At the expense of the homeowner, who may opt to use an offsite copy facility that is bonded and insured, a builder shall provide to the homeowner or his or her legal representative copies of all manufactured products maintenance, preventive maintenance, and limited warranty information within 30 days of a written request for those documents. These documents shall also be provided to the homeowner in conjunction with the initial sale of the residence.

(d) At the expense of the homeowner, who may opt to use an offsite copy facility that is bonded and insured, a builder shall provide to the homeowner or his or her legal representative copies of all of the builder’s limited contractual warranties in accordance with this part in effect at the time of the original sale of the residence within 30 days of a written request for those documents. Those documents shall also be provided to the homeowner in conjunction with the initial sale of the residence.

(e) A builder shall maintain the name and address of an agent for notice pursuant to this chapter with the Secretary of State or, alternatively, elect to use a third party for that notice if the builder has notified the homeowner in writing of the third party’s name and address, to whom claims and requests for information under this section may be mailed. The name and address of the agent for notice or third party shall be included with the original sales documentation and shall be initialed and acknowledged by the purchaser and the builder’s sales representative.

This subdivision applies to instances in which a builder contracts with a third party to accept claims and act on the builder’s behalf. A builder shall give actual notice to the homeowner that the builder has made such an election, and shall include the name and address of the third party.

(f) A builder shall record on title a notice of the existence of these procedures and a notice that these procedures impact the legal rights of the homeowner. This information shall also be included with the original sales documentation and shall be initialed and acknowledged by the purchaser and the builder’s sales representative.

(g) A builder shall provide, with the original sales documentation, a written copy of this title, which shall be initialed and acknowledged by the purchaser and the builder’s sales representative.

(h) As to any documents provided in conjunction with the original sale, the builder shall instruct the original purchaser to provide those documents to any subsequent purchaser.

(i) Any builder who fails to comply with any of these requirements within the time specified is not entitled to the protection of this chapter, and the homeowner is released from the requirements of this chapter and may proceed with the filing of an action, in which case the remaining chapters of this part shall continue to apply to the action.

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Section § 913

This law requires builders to respond in writing within 14 days to a claim notice they receive. If the claim is sent by a homeowner's attorney, or if the builder knows the homeowner has a lawyer, the builder must include this lawyer in all future important communications. However, if the builder has hired a lawyer, that lawyer should only communicate with the homeowner's lawyer.

A builder or his or her representative shall acknowledge, in writing, receipt of the notice of the claim within 14 days after receipt of the notice of the claim. If the notice of the claim is served by the claimant’s legal representative, or if the builder receives a written representation letter from a homeowner’s attorney, the builder shall include the attorney in all subsequent substantive communications, including, without limitation, all written communications occurring pursuant to this chapter, and all substantive and procedural communications, including all written communications, following the commencement of any subsequent complaint or other legal action, except that if the builder has retained or involved legal counsel to assist the builder in this process, all communications by the builder’s counsel shall only be with the claimant’s legal representative, if any.

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Section § 914

This section offers a non-confrontational way to deal with disagreements between builders and homeowners. Builders can choose their own nonadversarial methods to resolve conflicts, but not both their own and the methods set out in this law. Whatever method a builder chooses at the time of the sales agreement is final. The section doesn't change how other alternative dispute methods, like arbitration or mediation, work after trying these non-adversarial procedures.

(a) This chapter establishes a nonadversarial procedure, including the remedies available under this chapter which, if the procedure does not resolve the dispute between the parties, may result in a subsequent action to enforce the other chapters of this title. A builder may attempt to commence nonadversarial contractual provisions other than the nonadversarial procedures and remedies set forth in this chapter, but may not, in addition to its own nonadversarial contractual provisions, require adherence to the nonadversarial procedures and remedies set forth in this chapter, regardless of whether the builder’s own alternative nonadversarial contractual provisions are successful in resolving the dispute or ultimately deemed enforceable.

At the time the sales agreement is executed, the builder shall notify the homeowner whether the builder intends to engage in the nonadversarial procedure of this section or attempt to enforce alternative nonadversarial contractual provisions. If the builder elects to use alternative nonadversarial contractual provisions in lieu of this chapter, the election is binding, regardless of whether the builder’s alternative nonadversarial contractual provisions are successful in resolving the ultimate dispute or are ultimately deemed enforceable.

(b) Nothing in this title is intended to affect existing statutory or decisional law pertaining to the applicability, viability, or enforceability of alternative dispute resolution methods, alternative remedies, or contractual arbitration, judicial reference, or similar procedures requiring a binding resolution to enforce the other chapters of this title or any other disputes between homeowners and builders. Nothing in this title is intended to affect the applicability, viability, or enforceability, if any, of contractual arbitration or judicial reference after a nonadversarial procedure or provision has been completed.

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Section § 915

If a builder doesn’t respond or act within certain time limits about a homeowner’s claim, the homeowner doesn’t have to follow this chapter’s rules anymore and can go ahead and sue. However, other related rules still apply to the lawsuit.

If a builder fails to acknowledge receipt of the notice of a claim within the time specified, elects not to go through the process set forth in this chapter, or fails to request an inspection within the time specified, or at the conclusion or cessation of an alternative nonadversarial proceeding, this chapter does not apply and the homeowner is released from the requirements of this chapter and may proceed with the filing of an action. However, the standards set forth in the other chapters of this title shall continue to apply to the action.

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Section § 916

If a homeowner makes a claim that their home doesn't meet standards, the builder must inspect and test the home within 14 days at a convenient time for both parties. The builder pays for all inspection costs and must fix any damage caused. If a second inspection is needed, it has to be done within 40 days of the first. If the builder doesn't inspect on time, the homeowner can proceed with legal action. The builder must notify subcontractors or others responsible for any part of the work in time for them to attend inspections. Any findings during inspections can't be used in court as evidence to argue that evidence was destroyed on purpose.

(a) If a builder elects to inspect the claimed unmet standards, the builder shall complete the initial inspection and testing within 14 days after acknowledgment of receipt of the notice of the claim, at a mutually convenient date and time. If the homeowner has retained legal representation, the inspection shall be scheduled with the legal representative’s office at a mutually convenient date and time, unless the legal representative is unavailable during the relevant time periods. All costs of builder inspection and testing, including any damage caused by the builder inspection, shall be borne by the builder. The builder shall also provide written proof that the builder has liability insurance to cover any damages or injuries occurring during inspection and testing. The builder shall restore the property to its pretesting condition within 48 hours of the testing. The builder shall, upon request, allow the inspections to be observed and electronically recorded, video recorded, or photographed by the claimant or his or her legal representative.

(b) Nothing that occurs during a builder’s or claimant’s inspection or testing may be used or introduced as evidence to support a spoliation defense by any potential party in any subsequent litigation.

(c) If a builder deems a second inspection or testing reasonably necessary, and specifies the reasons therefor in writing within three days following the initial inspection, the builder may conduct a second inspection or testing. A second inspection or testing shall be completed within 40 days of the initial inspection or testing. All requirements concerning the initial inspection or testing shall also apply to the second inspection or testing.

(d) If the builder fails to inspect or test the property within the time specified, the claimant is released from the requirements of this section and may proceed with the filing of an action. However, the standards set forth in the other chapters of this title shall continue to apply to the action.

(e) If a builder intends to hold a subcontractor, design professional, individual product manufacturer, or material supplier, including an insurance carrier, warranty company, or service company, responsible for its contribution to the unmet standard, the builder shall provide notice to that person or entity sufficiently in advance to allow them to attend the initial, or if requested, second inspection of any alleged unmet standard and to participate in the repair process. The claimant and his or her legal representative, if any, shall be advised in a reasonable time prior to the inspection as to the identity of all persons or entities invited to attend. This subdivision does not apply to the builder’s insurance company. Except with respect to any claims involving a repair actually conducted under this chapter, nothing in this subdivision shall be construed to relieve a subcontractor, design professional, individual product manufacturer, or material supplier of any liability under an action brought by a claimant.

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Section § 917

If a builder finds a defect in a home after inspection, they have 30 days to offer a written plan to fix it and compensate the homeowner for damages. This repair offer must include a clear description of what needs fixing, how it will be fixed, who will do the work, and when it will be completed. Builders must list the contact details and licenses of the contractors they plan to use, who must be insured and responsible for any damage during repairs. Homeowners can ask for technical documents related to the repair and have the right to choose from up to three different contractors.

Within 30 days of the initial or, if requested, second inspection or testing, the builder may offer in writing to repair the violation. The offer to repair shall also compensate the homeowner for all applicable damages recoverable under Section 944, within the timeframe for the repair set forth in this chapter. Any such offer shall be accompanied by a detailed, specific, step-by-step statement identifying the particular violation that is being repaired, explaining the nature, scope, and location of the repair, and setting a reasonable completion date for the repair. The offer shall also include the names, addresses, telephone numbers, and license numbers of the contractors whom the builder intends to have perform the repair. Those contractors shall be fully insured for, and shall be responsible for, all damages or injuries that they may cause to occur during the repair, and evidence of that insurance shall be provided to the homeowner upon request. Upon written request by the homeowner or his or her legal representative, and within the timeframes set forth in this chapter, the builder shall also provide any available technical documentation, including, without limitation, plans and specifications, pertaining to the claimed violation within the particular home or development tract. The offer shall also advise the homeowner in writing of his or her right to request up to three additional contractors from which to select to do the repair pursuant to this chapter.

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Section § 918

When a builder offers to repair a home, the homeowner has 30 days to approve it. Instead, the homeowner can ask the builder for up to three other contractors' details, who are not affiliated with the builder and work locally. If the homeowner chooses this option, the builder can inspect the home again within 20 days to let these contractors see the repair site. The builder then has 35 days to give the homeowner contractor options, and the homeowner must choose one within 20 days to start the repair.

Upon receipt of the offer to repair, the homeowner shall have 30 days to authorize the builder to proceed with the repair. The homeowner may alternatively request, at the homeowner’s sole option and discretion, that the builder provide the names, addresses, telephone numbers, and license numbers for up to three alternative contractors who are not owned or financially controlled by the builder and who regularly conduct business in the county where the structure is located. If the homeowner so elects, the builder is entitled to an additional noninvasive inspection, to occur at a mutually convenient date and time within 20 days of the election, so as to permit the other proposed contractors to review the proposed site of the repair. Within 35 days after the request of the homeowner for alternative contractors, the builder shall present the homeowner with a choice of contractors. Within 20 days after that presentation, the homeowner shall authorize the builder or one of the alternative contractors to perform the repair.

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Section § 919

If a homeowner has a dispute over repairs, the builder must offer to mediate the issue, which means having a neutral third party help resolve it. This mediation is meant to be a short session, capped at four hours unless both parties agree to extend it. The homeowner can choose to share the cost of the mediator, and if they do, both the homeowner and builder select the mediator together. The mediation should happen quickly, within 15 days, and take place nearby. If they can't resolve the issue in mediation, the homeowner must let the builder or an agreed contractor complete the repairs.

The offer to repair shall also be accompanied by an offer to mediate the dispute if the homeowner so chooses. The mediation shall be limited to a four-hour mediation, except as otherwise mutually agreed before a nonaffiliated mediator selected and paid for by the builder. At the homeowner’s sole option, the homeowner may agree to split the cost of the mediator, and if he or she does so, the mediator shall be selected jointly. The mediator shall have sufficient availability such that the mediation occurs within 15 days after the request to mediate is received and occurs at a mutually convenient location within the county where the action is pending. If a builder has made an offer to repair a violation, and the mediation has failed to resolve the dispute, the homeowner shall allow the repair to be performed either by the builder, its contractor, or the selected contractor.

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Section § 920

This law says if a builder doesn't offer to fix issues or follow certain rules on time, the person with the complaint can take legal action. Also, if a repair job isn't finished correctly or on schedule, the person can sue. Other legal standards still apply when taking such actions.

If the builder fails to make an offer to repair or otherwise strictly comply with this chapter within the times specified, the claimant is released from the requirements of this chapter and may proceed with the filing of an action. If the contractor performing the repair does not complete the repair in the time or manner specified, the claimant may file an action. If this occurs, the standards set forth in the other chapters of this part shall continue to apply to the action.

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Section § 921

If a homeowner needs a builder to repair something that was not done right, the builder must set up an appointment with the homeowner to fix it at no cost. The repair should start at a convenient time for both parties within specific deadlines. The builder must try to finish the repairs as quickly as possible, ideally within 120 days, unless something unexpected happens that is not the builder's fault.

(a) In the event that a resolution under this chapter involves a repair by the builder, the builder shall make an appointment with the claimant, make all appropriate arrangements to effectuate a repair of the claimed unmet standards, and compensate the homeowner for all damages resulting therefrom free of charge to the claimant. The repair shall be scheduled through the claimant’s legal representative, if any, unless he or she is unavailable during the relevant time periods. The repair shall be commenced on a mutually convenient date within 14 days of acceptance or, if an alternative contractor is selected by the homeowner, within 14 days of the selection, or, if a mediation occurs, within seven days of the mediation, or within five days after a permit is obtained if one is required. The builder shall act with reasonable diligence in obtaining any such permit.

(b) The builder shall ensure that work done on the repairs is done with the utmost diligence, and that the repairs are completed as soon as reasonably possible, subject to the nature of the repair or some unforeseen event not caused by the builder or the contractor performing the repair. Every effort shall be made to complete the repair within 120 days.

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Section § 922

If you ask, the builder must let you watch and record the repairs to your property. However, anything that happens during these repairs cannot be used later in court to argue that evidence was destroyed or spoiled.

The builder shall, upon request, allow the repair to be observed and electronically recorded, video recorded, or photographed by the claimant or his or her legal representative. Nothing that occurs during the repair process may be used or introduced as evidence to support a spoliation defense by any potential party in any subsequent litigation.

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Section § 923

If a homeowner or their legal representative asks, the builder must give them copies of any documents, photos, or other materials that relate to the repairs done on their property.

The builder shall provide the homeowner or his or her legal representative, upon request, with copies of all correspondence, photographs, and other materials pertaining or relating in any manner to the repairs.

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Section § 924

If a builder decides to fix only certain defects that have been claimed as not meeting standards, they must explain in writing why they are not fixing all the issues. This explanation should include detailed reasons and support for those reasons.

If the builder elects to repair some, but not all of, the claimed unmet standards, the builder shall, at the same time it makes its offer, set forth with particularity in writing the reasons, and the support for those reasons, for not repairing all claimed unmet standards.

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Section § 925

If a builder does not finish repairs by the agreed deadline, the person waiting for repairs can stop following the rules of this chapter and start a lawsuit. However, the rules from other parts of this law still apply.

If the builder fails to complete the repair within the time specified in the repair plan, the claimant is released from the requirements of this chapter and may proceed with the filing of an action. If this occurs, the standards set forth in the other chapters of this title shall continue to apply to the action.

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Section § 926

This law prevents builders from making homeowners sign away their rights in exchange for making repairs required by law. After the repair is done, homeowners can still take legal action if the repairs don't meet standards or are done poorly, and they can seek damages.

The builder may not obtain a release or waiver of any kind in exchange for the repair work mandated by this chapter. At the conclusion of the repair, the claimant may proceed with filing an action for violation of the applicable standard or for a claim of inadequate repair, or both, including all applicable damages available under Section 944.

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Section § 927

This law section explains when you can extend the time limit to file a complaint about construction issues, especially concerning inadequate repairs. If the time to file a legal complaint has expired during the repair process, you have 100 more days after the repair is done to file a complaint. If the builder doesn't respond properly or ignores the process, you get 45 extra days from when they were supposed to reply. If the builder uses their own process instead of the one in this law, you get an extension of 100 days after their process finishes or is found invalid.

If the applicable statute of limitations has otherwise run during this process, the time period for filing a complaint or other legal remedies for violation of any provision of this title, or for a claim of inadequate repair, is extended from the time of the original claim by the claimant to 100 days after the repair is completed, whether or not the particular violation is the one being repaired. If the builder fails to acknowledge the claim within the time specified, elects not to go through this statutory process, or fails to request an inspection within the time specified, the time period for filing a complaint or other legal remedies for violation of any provision of this title is extended from the time of the original claim by the claimant to 45 days after the time for responding to the notice of claim has expired. If the builder elects to attempt to enforce its own nonadversarial procedure in lieu of the procedure set forth in this chapter, the time period for filing a complaint or other legal remedies for violation of any provision of this part is extended from the time of the original claim by the claimant to 100 days after either the completion of the builder’s alternative nonadversarial procedure, or 100 days after the builder’s alternative nonadversarial procedure is deemed unenforceable, whichever is later.

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Section § 928

If a builder has tried to fix a problem and no previous mediation has happened, the homeowner must ask for mediation in writing before taking legal action. This mediation should last up to four hours unless both parties agree otherwise. A non-biased mediator is chosen and paid for by the builder, but if the homeowner decides to share the cost, they can pick the mediator together. The mediation should happen within 15 days of the request at a convenient location in the county where the issue is pending. During mediation, any deadlines related to taking legal action are paused until it's over or for up to 100 days, whichever comes later.

If the builder has invoked this chapter and completed a repair, prior to filing an action, if there has been no previous mediation between the parties, the homeowner or his or her legal representative shall request mediation in writing. The mediation shall be limited to four hours, except as otherwise mutually agreed before a nonaffiliated mediator selected and paid for by the builder. At the homeowner’s sole option, the homeowner may agree to split the cost of the mediator and if he or she does so, the mediator shall be selected jointly. The mediator shall have sufficient availability such that the mediation will occur within 15 days after the request for mediation is received and shall occur at a mutually convenient location within the county where the action is pending. In the event that a mediation is used at this point, any applicable statutes of limitations shall be tolled from the date of the request to mediate until the next court day after the mediation is completed, or the 100-day period, whichever is later.

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Section § 929

This law says that builders can choose to just offer money instead of making a repair if there's a problem with something they've built. Homeowners can accept the money or turn it down and sue for what they believe is necessary. If homeowners decide to sue, the usual legal standards will apply. If the homeowner accepts the cash offer, the builder can ask the homeowner to sign a reasonable release form, which settles things between them in exchange for the payment.

(a) Nothing in this chapter prohibits the builder from making only a cash offer and no repair. In this situation, the homeowner is free to accept the offer, or he or she may reject the offer and proceed with the filing of an action. If the latter occurs, the standards of the other chapters of this title shall continue to apply to the action.

(b) The builder may obtain a reasonable release in exchange for the cash payment. The builder may negotiate the terms and conditions of any reasonable release in terms of scope and consideration in conjunction with a cash payment under this chapter.

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Section § 930

This law section outlines the rules for time limits and obligations under certain agreements relating to property construction or defect claims. If a builder doesn't follow these timeframes without mutual written agreement from the homeowner, the homeowner can go to court. If the homeowner doesn't follow the rules, the builder can ask the court to pause any legal action until they comply. The court can also decide to make the losing party pay for the winner's legal fees related to this issue.

(a) The time periods and all other requirements in this chapter are to be strictly construed, and, unless extended by the mutual agreement of the parties in accordance with this chapter, shall govern the rights and obligations under this title. If a builder fails to act in accordance with this section within the timeframes mandated, unless extended by the mutual agreement of the parties as evidenced by a postclaim written confirmation by the affected homeowner demonstrating that he or she has knowingly and voluntarily extended the statutory timeframe, the claimant may proceed with filing an action. If this occurs, the standards of the other chapters of this title shall continue to apply to the action.

(b) If the claimant does not conform with the requirements of this chapter, the builder may bring a motion to stay any subsequent court action or other proceeding until the requirements of this chapter have been satisfied. The court, in its discretion, may award the prevailing party on such a motion, his or her attorney’s fees and costs in bringing or opposing the motion.

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Section § 931

This section outlines how claims that include issues not covered by this part, like personal injuries, class actions, or fraud, should be handled. Even if the property has been repaired, evidence can show its original condition to support such claims. In fraud claims, if repairs are mentioned, it's important to note that the homeowner didn't agree to them voluntarily. For class actions about flawed components in homes, individuals involved don't have to follow the rules of this section.

If a claim combines causes of action or damages not covered by this part, including, without limitation, personal injuries, class actions, other statutory remedies, or fraud-based claims, the claimed unmet standards shall be administered according to this part, although evidence of the property in its unrepaired condition may be introduced to support the respective elements of any such cause of action. As to any fraud-based claim, if the fact that the property has been repaired under this chapter is deemed admissible, the trier of fact shall be informed that the repair was not voluntarily accepted by the homeowner. As to any class action claims that address solely the incorporation of a defective component into a residence, the named and unnamed class members need not comply with this chapter.

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Section § 932

If you find new problems with a home not meeting standards, you generally handle it separately, unless you agree otherwise. But if you've already started dealing with an issue in the same single-family home, and now you find the same issue again, you don't need to start over. This also applies if it's a shared building and the problem is with a connected part that's already being dealt with.

Subsequently discovered claims of unmet standards shall be administered separately under this chapter, unless otherwise agreed to by the parties. However, in the case of a detached single family residence, in the same home, if the subsequently discovered claim is for a violation of the same standard as that which has already been initiated by the same claimant and the subject of a currently pending action, the claimant need not reinitiate the process as to the same standard. In the case of an attached project, if the subsequently discovered claim is for a violation of the same standard for a connected component system in the same building as has already been initiated by the same claimant, and the subject of a currently pending action, the claimant need not reinitiate this process as to that standard.

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Section § 933

If someone tries to enforce certain standards, evidence that a repair was attempted can be brought up in court. However, the person making the claim can argue that the repairs were not done properly by pointing to the property's condition before the repairs. They don't have to prove that the repairs caused more damage or that the issue is ongoing.

If any enforcement of these standards is commenced, the fact that a repair effort was made may be introduced to the trier of fact. However, the claimant may use the condition of the property prior to the repair as the basis for contending that the repair work was inappropriate, inadequate, or incomplete, or that the violation still exists. The claimant need not show that the repair work resulted in further damage nor that damage has continued to occur as a result of the violation.

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Section § 934

This law says that when a dispute moves to court later on, you can use evidence of how both parties acted, except if it's from mediation. Also, if a builder tried to fix something, those efforts can be used as evidence and are not considered settlement offers that would normally be kept out of court.

Evidence of both parties’ conduct during this process may be introduced during a subsequent enforcement action, if any, with the exception of any mediation. Any repair efforts undertaken by the builder, shall not be considered settlement communications or offers of settlement and are not inadmissible in evidence on such a basis.

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Section § 935

If certain rules from this chapter are being followed and they are very similar to rules in Section 6000, and later a legal action starts under Section 6000, the people involved don't have to do the similar tasks twice.

To the extent that provisions of this chapter are enforced and those provisions are substantially similar to provisions in Section 6000, but an action is subsequently commenced under Section 6000, the parties are excused from performing the substantially similar requirements under Section 6000.

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Section § 936

This law section explains that other legal rules apply to contractors, suppliers, and designers if they fail to meet standards due to negligence or breaking a contract. They can use certain legal defenses if accused of a violation. The law protects your right to enforce any contract you have with these parties. Though they might share responsibility for specific violations, this section clarifies that the negligence rule doesn't apply if strict liability rules are involved.

Each and every provision of the other chapters of this title apply to general contractors, subcontractors, material suppliers, individual product manufacturers, and design professionals to the extent that the general contractors, subcontractors, material suppliers, individual product manufacturers, and design professionals caused, in whole or in part, a violation of a particular standard as the result of a negligent act or omission or a breach of contract. In addition to the affirmative defenses set forth in Section 945.5, a general contractor, subcontractor, material supplier, design professional, individual product manufacturer, or other entity may also offer common law and contractual defenses as applicable to any claimed violation of a standard. All actions by a claimant or builder to enforce an express contract, or any provision thereof, against a general contractor, subcontractor, material supplier, individual product manufacturer, or design professional is preserved. Nothing in this title modifies the law pertaining to joint and several liability for builders, general contractors, subcontractors, material suppliers, individual product manufacturer, and design professionals that contribute to any specific violation of this title. However, the negligence standard in this section does not apply to any general contractor, subcontractor, material supplier, individual product manufacturer, or design professional with respect to claims for which strict liability would apply.

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Section § 937

This law clarifies that it does not change or remove the requirement to follow Section 411.35 of the Code of Civil Procedure, and it does not change how architects or architectural firms can be held responsible for claims or damages that aren't addressed by this specific set of rules.

Nothing in this title shall be interpreted to eliminate or abrogate the requirement to comply with Section 411.35 of the Code of Civil Procedure or to affect the liability of design professionals, including architects and architectural firms, for claims and damages not covered by this title.

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Section § 938

This law applies to new homes that have purchase agreements signed by the seller on or after January 1, 2003.

This title applies only to new residential units where the purchase agreement with the buyer was signed by the seller on or after January 1, 2003.

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Requirements For Actions For Construction Defects

Requirements for Actions for Construction DefectsPrelitigation Procedure