CHAPTER 4. Prelitigation Procedure
Chapter 4 added by Stats. 2002, Ch. 722, Sec. 3.
§§ 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.