TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS [895. - 945.5.]

Title 7 added by Stats. 2002, Ch. 722, Sec. 3.

§§ 895–945.5 · 46 sections

1. CHAPTER 1. Definitions § 895 · 1 section

   • § 895 (a) “Structure” means any residential dwelling, other building, or improvement located upon a lot or within a common area. (b) “Designed moisture barrier”…
2. CHAPTER 2. Actionable Defects §§ 896–897 · 2 sections

   • § 896 In any action seeking recovery of damages arising out of, or related to deficiencies in, the residential construction, design, specifications, surveying,…
   • § 897 The standards set forth in this chapter are intended to address every function or component of a structure. To the extent that a function or component of a…
3. CHAPTER 3. Obligations §§ 900–907 · 8 sections

   • § 900 As to fit and finish items, a builder shall provide a homebuyer with a minimum one-year express written limited warranty covering the fit and finish of the…
   • § 901 A builder may, but is not required to, offer greater protection or protection for longer time periods in its express contract with the homeowner than that set…
   • § 902 If a builder offers an enhanced protection agreement, the builder may choose to be subject to its own express contractual provisions in place of the provisions…
   • § 903 If a builder offers an enhanced protection agreement in place of the provisions set forth in Chapter 2 (commencing with Section 896), the election to do so…
   • § 904 If a builder has elected to use an enhanced protection agreement, and a homeowner disputes that the particular provision or time periods of the enhanced…
   • § 905 If a homeowner seeks to enforce Chapter 2 (commencing with Section 896), in lieu of the enhanced protection agreement in a subsequent litigation or other legal…
   • § 906 A builder’s election to use an enhanced protection agreement addresses only the issues set forth in Chapter 2 (commencing with Section 896) and does not…
   • § 907 A homeowner is obligated to follow all reasonable maintenance obligations and schedules communicated in writing to the homeowner by the builder and product…
4. CHAPTER 4. Prelitigation Procedure §§ 910–938 · 29 sections

   • § 910 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),…
   • § 911 (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,…
   • § 912 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…
   • § 913 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…
   • § 914 (a) This chapter establishes a nonadversarial procedure, including the remedies available under this chapter which, if the procedure does not resolve the…
   • § 915 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,…
   • § 916 (a) If a builder elects to inspect the claimed unmet standards, the builder shall complete the initial inspection and testing within 14 days after…
   • § 917 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…
   • § 918 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…
   • § 919 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…
   • § 920 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…
   • § 921 (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…
   • § 922 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…
   • § 923 The builder shall provide the homeowner or his or her legal representative, upon request, with copies of all correspondence, photographs, and other materials…
   • § 924 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…
   • § 925 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…
   • § 926 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…
   • § 927 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…
   • § 928 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…
   • § 929 (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…
   • § 930 (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…
   • § 931 If a claim combines causes of action or damages not covered by this part, including, without limitation, personal injuries, class actions, other statutory…
   • § 932 Subsequently discovered claims of unmet standards shall be administered separately under this chapter, unless otherwise agreed to by the parties. However, in…
   • § 933 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…
   • § 934 Evidence of both parties’ conduct during this process may be introduced during a subsequent enforcement action, if any, with the exception of any mediation.…
   • § 935 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…
   • § 936 Each and every provision of the other chapters of this title apply to general contractors, subcontractors, material suppliers, individual product…
   • § 937 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…
   • § 938 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.
5. CHAPTER 5. Procedure §§ 941–945.5 · 6 sections

   • § 941 (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…
   • § 942 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…
   • § 943 (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…
   • § 944 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…
   • § 945 The provisions, standards, rights, and obligations set forth in this title are binding upon all original purchasers and their successors-in-interest. For…
   • § 945.5 A builder, general contractor, subcontractor, material supplier, individual product manufacturer, or design professional, under the principles of comparative…