Procedure for Construction Defect Actions

Division 2, Part 2, Title 7, Chapter 5 deals with procedure for requirements for actions for construction defects.

Section 941 provides that 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. The term “action” is defined.

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.

Section 942 provides that, in order to make a claim for violation of the standards set forth in law, 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 in law. No further showing of causation or damages is required to meet the burden of proof regarding a violation of a standard set forth in law.

Section 943 specifies that no other cause of action for a claim covered by this title or for damages recoverable is allowed. 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.

Section 944 provides that, 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, reasonable investigative costs for each established violation, and all other costs or fees recoverable by contract or statute.

Section 945.5 provides that 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 eight specified affirmative defenses in response to a claimed violation.