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
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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.