Would require that the inspection for construction defects be conducted by a person who is a licensed contractor.
Current Status: Dead
FindHOALaw Quick Summary:
Existing law specifies the requirements for actions for construction defects and includes a nonadversarial procedure for the parties to resolve the dispute. Existing law requires a builder who, as part of this nonadversarial procedure, elects to inspect a claim of unmet building standards to meet certain requirements for the inspection.
This bill would add Civil Code 916.5 to require that the inspection for purposes of the nonadversarial procedure be conducted by a person who is licensed as a contractor 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.
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from the California Legislature's website
Related Topics
Related Statutes
- Civil Code Section 5986. No Preconditions to Commencement of Builder Claims.
- AB 2353 (Frazier) Construction defects: actions: statute of limitations.
- AB 1963 (Calderon). Common Interest Developments: Construction Defects.
- Civil Code Section 1134. Disclosure of Defects to Purchaser.
- Civil Code Section 6100. Notice of Settlement Agreement.
- Civil Code Section 6000. Construction Defect; Pre-Litigation Procedures.
Related Case Law
- Branches Neighborhood Corporation v. CalAtlantic Group, Inc.
(2018) 26 Cal.App.5th 743
[Construction Defect; Membership Approval Prior to Filing Claim] CC&R provisions requiring membership approval prior to the initiation of a construction defect claim are enforceable and must be complied with.
- Beacon Residential Community Association v. Skidmore
(2014) 59 Cal. 4th 568
[Construction Defect; Architect Liability] An architect who functions as the principal architect on a residential construction project owes a duty of care to future homeowners.
Related Links
SB 326 Signed! Balconies, Branches, and Builder Defect Actions - Published on HOA Lawyer Blog (October 2019)
Arbitrator Not Found to Exceed its Powers - Published on HOA Lawyer Blog (November 2018)
Turning up the Heat on Residential Design Professionals - Published on HOA Lawyer Blog (February 2013)