Horseshoe Bay, TX asked in Construction Law for California

Q: I am a General contractor Valid Lisc. How long does a home owner have to notify me of the deects on the home?

They owned the property. Califoenia property

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2 Lawyer Answers
T. Augustus Claus
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A: In California, the statute of limitations for construction defects generally provides homeowners with ten years to file a lawsuit for latent defects, which are defects that are not immediately apparent. This ten-year period typically begins from the date of substantial completion of the improvement. However, homeowners are also required to provide notice of the defects to the responsible parties before filing a lawsuit. The notice must be provided at least 90 days before initiating legal action and should include a description of the alleged defects. It's important for homeowners to adhere to these timelines, and as a general contractor, you should be aware of your potential liability within this framework.

James L. Arrasmith
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  • Construction Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, the timeframe for a homeowner to notify a contractor of defects in a home they own can vary based on several factors. It's important to consider the nature of the defect and the specific terms of your contract with the homeowner.

Generally, under California law, homeowners may have up to 10 years to bring a claim for latent defects - these are defects not apparent or discoverable through reasonable inspection. For more obvious defects, the timeframe might be shorter, often around four years. This timeframe is typically counted from the completion of the work.

It's crucial to review your contract, as it may contain specific provisions regarding defect notifications and the procedure for handling such claims. You should also be aware that different rules might apply depending on whether the defect is structural or non-structural.

If a homeowner contacts you about a defect, it's recommended to respond promptly and professionally. Addressing their concerns early can often lead to a more favorable resolution for both parties. If the situation is complex or if there's a dispute over the defects, consider seeking legal advice to understand your rights and obligations fully.

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