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

Section § 941

This law limits the time you have to sue for issues related to a construction project or improvement. You generally have 10 years from when the project is mostly done, but it can't be later than the official completion notice. Suing for indemnity (asking someone else to cover damages) is also covered by this limit, unless you're filing a cross-complaint. However, if you own or control the property and a problem causes an issue, this time limit doesn't protect you from being sued. There are special rules about how repairs might affect these deadlines, especially if a builder arranges repairs, but simply fixing something doesn't usually give you more time to file a lawsuit. Certain other legal cases or claims about contracts are not restricted by these time limits.

(a) Except as specifically set forth in this title, no action may be brought to recover under this title more than 10 years after substantial completion of the improvement but not later than the date of recordation of a valid notice of completion.

(b) As used in this section, “action” includes an action for indemnity brought against a person arising out of that person’s performance or furnishing of services or materials referred to in this title, except that a cross-complaint for indemnity may be filed pursuant to subdivision (b) of Section 428.10 of the Code of Civil Procedure in an action which has been brought within the time period set forth in subdivision (a).

(c) The limitation prescribed by this section may not be asserted by way of defense by any person in actual possession or the control, as owner, tenant or otherwise, of such an improvement, at the time any deficiency in the improvement constitutes the proximate cause for which it is proposed to make a claim or bring an action.

(d) Sections 337.15 and 337.1 of the Code of Civil Procedure do not apply to actions under this title.

(e) Existing statutory and decisional law regarding tolling of the statute of limitations shall apply to the time periods for filing an action or making a claim under this title, except that repairs made pursuant to Chapter 4 (commencing with Section 910), with the exception of the tolling provision contained in Section 927, do not extend the period for filing an action, or restart the time limitations contained in subdivision (a) or (b) of Section 7091 of the Business and Professions Code. If a builder arranges for a contractor to perform a repair pursuant to Chapter 4 (commencing with Section 910), as to the builder the time period for calculating the statute of limitation in subdivision (a) or (b) of Section 7091 of the Business and Professions Code shall pertain to the substantial completion of the original construction and not to the date of repairs under this title. The time limitations established by this title do not apply to any action by a claimant for a contract or express contractual provision. Causes of action and damages to which this chapter does not apply are not limited by this section.

construction defect claims indemnity actions statute of limitations ...

Section § 942

If a homeowner wants to claim that their home doesn't meet certain building standards, they only need to show that the home doesn't meet those standards. They don't need to prove what caused the problem or show any damages, as long as the issue is related to the original construction. However, there are some defenses that the builder can use against these claims.

In order to make a claim for violation of the standards set forth in Chapter 2 (commencing with Section 896), a homeowner need only demonstrate, in accordance with the applicable evidentiary standard, that the home does not meet the applicable standard, subject to the affirmative defenses set forth in Section 945.5. No further showing of causation or damages is required to meet the burden of proof regarding a violation of a standard set forth in Chapter 2 (commencing with Section 896), provided that the violation arises out of, pertains to, or is related to, the original construction.

homeowner claim building standards original construction ...

Section § 943

This section limits the types of legal claims you can bring regarding certain issues with homes, specifically new construction defects. Generally, you can't bring additional claims for the same issues covered by another specific law. However, if you have separate claims like a personal injury or fraud, those are still allowed. For owners of single-family homes, if there's a construction defect, they're entitled to the lower amount between the cost of fixing the problem or how much the home's value has dropped because of it. There are some exceptions for personal use.

(a) Except as provided in this title, no other cause of action for a claim covered by this title or for damages recoverable under Section 944 is allowed. In addition to the rights under this title, this title does not apply to any action by a claimant to enforce a contract or express contractual provision, or any action for fraud, personal injury, or violation of a statute. Damages awarded for the items set forth in Section 944 in such other cause of action shall be reduced by the amounts recovered pursuant to Section 944 for violation of the standards set forth in this title.

(b) As to any claims involving a detached single-family home, the homeowner’s right to the reasonable value of repairing any nonconformity is limited to the repair costs, or the diminution in current value of the home caused by the nonconformity, whichever is less, subject to the personal use exception as developed under common law.

construction defects single-family home repair costs ...

Section § 944

If you're a homeowner with a claim for damages related to construction defects, you can recover costs for repairs due to these issues. This includes fixing any violations of construction standards, and any further damage caused during this repair process. It also covers any costs from improper repairs, the need to temporarily move or store items, and any lost income if you run a business from your home. Additionally, you can get back investigative costs and any other fees you are entitled to by contract or law.

If a claim for damages is made under this title, the homeowner is only entitled to damages for the reasonable value of repairing any violation of the standards set forth in this title, the reasonable cost of repairing any damages caused by the repair efforts, the reasonable cost of repairing and rectifying any damages resulting from the failure of the home to meet the standards, the reasonable cost of removing and replacing any improper repair by the builder, reasonable relocation and storage expenses, lost business income if the home was used as a principal place of a business licensed to be operated from the home, reasonable investigative costs for each established violation, and all other costs or fees recoverable by contract or statute.

homeowner damages construction defects repair costs ...

Section § 945

This law section states that all the rules and rights in this title apply to both the original buyers and anyone who comes after them. It also clarifies that certain associations and others, as mentioned in specific sections, are treated like original buyers and have the authority to enforce these rules and rights.

The provisions, standards, rights, and obligations set forth in this title are binding upon all original purchasers and their successors-in-interest. For purposes of this title, associations and others having the rights set forth in Sections 5980 and 5985 shall be considered to be original purchasers and shall have standing to enforce the provisions, standards, rights, and obligations set forth in this title.

original purchasers successors-in-interest associations ...

Section § 945.5

This law explains that builders and related professionals can be excused from liability if they can prove certain defenses for a construction-related problem. These defenses include issues caused by unexpected natural events, such as severe weather or earthquakes, that exceed code standards. Also, if a homeowner unreasonably fails to address or prevent damage, ignores maintenance advice they were given in writing, or the defect arises from their own alterations or misuse of the property, the builder might not be liable. Additionally, if the claim is too late, involves a valid release, or has been fixed appropriately by the builder, these are all acceptable defenses. Finally, other general defenses not covered by this specific statute still remain valid.

A builder, general contractor, subcontractor, material supplier, individual product manufacturer, or design professional, under the principles of comparative fault pertaining to affirmative defenses, may be excused, in whole or in part, from any obligation, damage, loss, or liability if the builder, general contractor, subcontractor, material supplier, individual product manufacturer, or design professional, can demonstrate any of the following affirmative defenses in response to a claimed violation:

(a) To the extent it is caused by an unforeseen act of nature which caused the structure not to meet the standard. For purposes of this section an “unforeseen act of nature” means a weather condition, earthquake, or manmade event such as war, terrorism, or vandalism, in excess of the design criteria expressed by the applicable building codes, regulations, and ordinances in effect at the time of original construction.

(b) To the extent it is caused by a homeowner’s unreasonable failure to minimize or prevent those damages in a timely manner, including the failure of the homeowner to allow reasonable and timely access for inspections and repairs under this title. This includes the failure to give timely notice to the builder after discovery of a violation, but does not include damages due to the untimely or inadequate response of a builder to the homeowner’s claim.

(c) To the extent it is caused by the homeowner or his or her agent, employee, general contractor, subcontractor, independent contractor, or consultant by virtue of their failure to follow the builder’s or manufacturer’s recommendations, or commonly accepted homeowner maintenance obligations. In order to rely upon this defense as it relates to a builder’s recommended maintenance schedule, the builder shall show that the homeowner had written notice of these schedules and recommendations and that the recommendations and schedules were reasonable at the time they were issued.

(d) To the extent it is caused by the homeowner or his or her agent’s or an independent third party’s alterations, ordinary wear and tear, misuse, abuse, or neglect, or by the structure’s use for something other than its intended purpose.

(e) To the extent that the time period for filing actions bars the claimed violation.

(f) As to a particular violation for which the builder has obtained a valid release.

(g) To the extent that the builder’s repair was successful in correcting the particular violation of the applicable standard.

(h) As to any causes of action to which this statute does not apply, all applicable affirmative defenses are preserved.

comparative fault affirmative defenses unforeseen act of nature ...

Requirements For Actions For Construction Defects

Requirements for Actions for Construction DefectsProcedure

Section § 941

Section § 942

Section § 943

Section § 944

Section § 945

Section § 945.5

COMPANY

WHAT YOU CAN DO

RESOURCES

FOLLOW US

ARTICLES