AB 2353 (Frazier) Construction defects: actions: statute of limitations.

Would shorten the statute of limitations to file a claim for construction defects from 10 years to 5 years.

Current Status: Dead

FindHOALaw Quick Summary:

Existing law specifies the requirements for actions for construction defects, which includes a statute of limitations that prohibits an action from being brought to recover under these provisions more than 10 years after substantial completion of the improvement, but no later than the date the notice of completion is recorded.

This bill would amend Civil Code Section 941 to shorten the 10-year period to 5 years.

**UPDATE: On May 10, 2018, the proposed text of AB 2353 was gutted and amended to require that a when builder elects to inspect a claim of unmet building standards, such inspection must be conducted by a person who is a licensed contractor with a license that applies to the field and scope in which the person is conducting the inspection.

916.5 (a) An inspection conducted pursuant to this chapter shall be conducted by a person licensed pursuant to the Contractor’s State License Law (Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code) with a license that applies to the field and scope in which the person is conducting the inspection and issuing inspection findings or a report.

(b) Nothing in this section shall preclude a subject matter expert in the field and scope of the inspection who is not licensed pursuant to the Contractor’s State License Law from conducting the inspection and issuing inspection findings or a report when the subject matter of the inspection requires it.

To read the current text of AB 2353, click here to the view the bill’s page on the California Legislature’s website. FindHOALaw will continue to track AB 2353 as it progresses through the Legislature.