Construction Defects

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2016 Legislation - AB 1963 - Construction Defect Claim Conditions

Existing law, the Davis-Stirling Common Interest Development Act, requires, until July 1, 2017, specified conditions to be met before an association may file a complaint for damages against a builder, developer, or general contractor of a common interest development based upon a claim for defects in the design or construction of the common interest development.

This bill would delete the inoperative and repeal dates and would, instead, make these provisions inoperative on July 1, 2024, and would repeal these provisions as of January 1, 2025, as specified.

The Right to a Jury Trial in Disputes with Developers

Published in the ECHO Journal, January 2009

§6000 - Complaint Prerequisites

  1. Before an association files a complaint for damages against a builder, developer, or general contractor (respondent) of a common interest development based upon a claim for defects in the design or construction of the common interest development, all of the requirements of this section shall be satisfied with respect to the builder, developer, or general contractor.

§1375 - Design or Construction Defects; Prefiling Procedure [Operative Until July 1, 2017]

  1. Before an association files a complaint for damages against a builder, developer, or general contractor ("respondent") oaf common interest development based upon a claim for defects in the design or construction of the common interest development, all of the requirements of this section shall be satisfied with respect to the builder, developer, or general contractor.

2011 Legislation: AB 20

Requires that an attorney make certain written disclosures to a client in a potential construction defects action. Failure to disclose would constitute cause for professional discipline.

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