941. (a) Except as specifically set forth in this title, 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.
(b) As used in this section, "action" includes an action for
indemnity brought against a person arising out of that person's
performance or furnishing of services or materials referred to in
this title, except that a cross-complaint for indemnity may be filed
pursuant to subdivision (b) of Section 428.10 of the Code of Civil
Procedure in an action which has been brought within the time period
set forth in subdivision (a).
(c) 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.
(d) Sections 337.15 and 337.1 of the Code of Civil Procedure do
not apply to actions under this title.
(e) Existing statutory and decisional law regarding tolling of the
statute of limitations shall apply to the time periods for filing an
action or making a claim under this title, except that repairs made
pursuant to Chapter 4 (commencing with Section 910), with the
exception of the tolling provision contained in Section 927, do not
extend the period for filing an action, or restart the time
limitations contained in subdivision (a) or (b) of Section 7091 of
the Business and Professions Code. If a builder arranges for a
contractor to perform a repair pursuant to Chapter 4 (commencing with
Section 910), as to the builder the time period for calculating the
statute of limitation in subdivision (a) or (b) of Section 7091 of
the Business and Professions Code shall pertain to the substantial
completion of the original construction and not to the date of
repairs under this title. The time limitations established by this
title do not apply to any action by a claimant for a contract or
express contractual provision. Causes of action and damages to which
this chapter does not apply are not limited by this section.
942. In order to make a claim for violation of the standards set
forth in Chapter 2 (commencing with Section 896), 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 set forth in Section 945.5. No
further showing of causation or damages is required to meet the
burden of proof regarding a violation of a standard set forth in
Chapter 2 (commencing with Section 896), provided that the violation
arises out of, pertains to, or is related to, the original
construction.
943. (a) Except as provided in this title, no other cause of action
for a claim covered by this title or for damages recoverable under
Section 944 is allowed. In addition to the rights under this title,
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. Damages awarded for the
items set forth in Section 944 in such other cause of action shall be
reduced by the amounts recovered pursuant to Section 944 for
violation of the standards set forth in this title.
(b) As to any claims involving a detached single-family home, the
homeowner's right to the reasonable value of repairing any
nonconformity is limited to the repair costs, or the diminution in
current value of the home caused by the nonconformity, whichever is
less, subject to the personal use exception as developed under common
law.
944. 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, the reasonable cost of repairing and rectifying any damages
resulting from the failure of the home to meet the standards, the
reasonable cost of removing and replacing any improper repair by the
builder, reasonable relocation and storage expenses, lost business
income if the home was used as a principal place of a business
licensed to be operated from the home, reasonable investigative costs
for each established violation, and all other costs or fees
recoverable by contract or statute.
945. The provisions, standards, rights, and obligations set forth
in this title are binding upon all original purchasers and their
successors-in-interest. For purposes of this title, associations and
others having the rights set forth in Sections 1368.3 and 1368.4
shall be considered to be original purchasers and shall have standing
to enforce the provisions, standards, rights, and obligations set
forth in this title.
945.5. 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 following
affirmative defenses in response to a claimed violation:
(a) To the extent it is caused by an unforeseen act of nature
which caused the structure not to meet the standard. For purposes of
this section an "unforeseen act of nature" means a weather condition,
earthquake, or manmade event such as war, terrorism, or vandalism,
in excess of the design criteria expressed by the applicable building
codes, regulations, and ordinances in effect at the time of original
construction.
(b) To the extent it is caused by a homeowner's unreasonable
failure to minimize or prevent those damages in a timely manner,
including the failure of the homeowner to allow reasonable and timely
access for inspections and repairs under this title. This includes
the failure to give timely notice to the builder after discovery of a
violation, but does not include damages due to the untimely or
inadequate response of a builder to the homeowner's claim.
(c) To the extent it is caused by the homeowner or his or her
agent, employee, general contractor, subcontractor, independent
contractor, or consultant by virtue of their failure to follow the
builder's or manufacturer's recommendations, or commonly accepted
homeowner maintenance obligations. In order to rely upon this defense
as it relates to a builder's recommended maintenance schedule, the
builder shall show that the homeowner had written notice of these
schedules and recommendations and that the recommendations and
schedules were reasonable at the time they were issued.
(d) To the extent it is caused by the homeowner or his or her
agent's or an independent third party's alterations, ordinary wear
and tear, misuse, abuse, or neglect, or by the structure's use for
something other than its intended purpose.
(e) To the extent that the time period for filing actions bars the
claimed violation.
(f) As to a particular violation for which the builder has
obtained a valid release.
(g) To the extent that the builder's repair was successful in
correcting the particular violation of the applicable standard.
(h) As to any causes of action to which this statute does not
apply, all applicable affirmative defenses are preserved.
941. (a) Except as specifically set forth in this title, 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.
(b) As used in this section, "action" includes an action for
indemnity brought against a person arising out of that person's
performance or furnishing of services or materials referred to in
this title, except that a cross-complaint for indemnity may be filed
pursuant to subdivision (b) of Section 428.10 of the Code of Civil
Procedure in an action which has been brought within the time period
set forth in subdivision (a).
(c) 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.
(d) Sections 337.15 and 337.1 of the Code of Civil Procedure do
not apply to actions under this title.
(e) Existing statutory and decisional law regarding tolling of the
statute of limitations shall apply to the time periods for filing an
action or making a claim under this title, except that repairs made
pursuant to Chapter 4 (commencing with Section 910), with the
exception of the tolling provision contained in Section 927, do not
extend the period for filing an action, or restart the time
limitations contained in subdivision (a) or (b) of Section 7091 of
the Business and Professions Code. If a builder arranges for a
contractor to perform a repair pursuant to Chapter 4 (commencing with
Section 910), as to the builder the time period for calculating the
statute of limitation in subdivision (a) or (b) of Section 7091 of
the Business and Professions Code shall pertain to the substantial
completion of the original construction and not to the date of
repairs under this title. The time limitations established by this
title do not apply to any action by a claimant for a contract or
express contractual provision. Causes of action and damages to which
this chapter does not apply are not limited by this section.
942. In order to make a claim for violation of the standards set
forth in Chapter 2 (commencing with Section 896), 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 set forth in Section 945.5. No
further showing of causation or damages is required to meet the
burden of proof regarding a violation of a standard set forth in
Chapter 2 (commencing with Section 896), provided that the violation
arises out of, pertains to, or is related to, the original
construction.
943. (a) Except as provided in this title, no other cause of action
for a claim covered by this title or for damages recoverable under
Section 944 is allowed. In addition to the rights under this title,
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. Damages awarded for the
items set forth in Section 944 in such other cause of action shall be
reduced by the amounts recovered pursuant to Section 944 for
violation of the standards set forth in this title.
(b) As to any claims involving a detached single-family home, the
homeowner's right to the reasonable value of repairing any
nonconformity is limited to the repair costs, or the diminution in
current value of the home caused by the nonconformity, whichever is
less, subject to the personal use exception as developed under common
law.
944. 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, the reasonable cost of repairing and rectifying any damages
resulting from the failure of the home to meet the standards, the
reasonable cost of removing and replacing any improper repair by the
builder, reasonable relocation and storage expenses, lost business
income if the home was used as a principal place of a business
licensed to be operated from the home, reasonable investigative costs
for each established violation, and all other costs or fees
recoverable by contract or statute.
945. The provisions, standards, rights, and obligations set forth
in this title are binding upon all original purchasers and their
successors-in-interest. For purposes of this title, associations and
others having the rights set forth in Sections 1368.3 and 1368.4
shall be considered to be original purchasers and shall have standing
to enforce the provisions, standards, rights, and obligations set
forth in this title.
945.5. 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 following
affirmative defenses in response to a claimed violation:
(a) To the extent it is caused by an unforeseen act of nature
which caused the structure not to meet the standard. For purposes of
this section an "unforeseen act of nature" means a weather condition,
earthquake, or manmade event such as war, terrorism, or vandalism,
in excess of the design criteria expressed by the applicable building
codes, regulations, and ordinances in effect at the time of original
construction.
(b) To the extent it is caused by a homeowner's unreasonable
failure to minimize or prevent those damages in a timely manner,
including the failure of the homeowner to allow reasonable and timely
access for inspections and repairs under this title. This includes
the failure to give timely notice to the builder after discovery of a
violation, but does not include damages due to the untimely or
inadequate response of a builder to the homeowner's claim.
(c) To the extent it is caused by the homeowner or his or her
agent, employee, general contractor, subcontractor, independent
contractor, or consultant by virtue of their failure to follow the
builder's or manufacturer's recommendations, or commonly accepted
homeowner maintenance obligations. In order to rely upon this defense
as it relates to a builder's recommended maintenance schedule, the
builder shall show that the homeowner had written notice of these
schedules and recommendations and that the recommendations and
schedules were reasonable at the time they were issued.
(d) To the extent it is caused by the homeowner or his or her
agent's or an independent third party's alterations, ordinary wear
and tear, misuse, abuse, or neglect, or by the structure's use for
something other than its intended purpose.
(e) To the extent that the time period for filing actions bars the
claimed violation.
(f) As to a particular violation for which the builder has
obtained a valid release.
(g) To the extent that the builder's repair was successful in
correcting the particular violation of the applicable standard.
(h) As to any causes of action to which this statute does not
apply, all applicable affirmative defenses are preserved.
941. (a) Except as specifically set forth in this title, 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.
(b) As used in this section, "action" includes an action for
indemnity brought against a person arising out of that person's
performance or furnishing of services or materials referred to in
this title, except that a cross-complaint for indemnity may be filed
pursuant to subdivision (b) of Section 428.10 of the Code of Civil
Procedure in an action which has been brought within the time period
set forth in subdivision (a).
(c) 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.
(d) Sections 337.15 and 337.1 of the Code of Civil Procedure do
not apply to actions under this title.
(e) Existing statutory and decisional law regarding tolling of the
statute of limitations shall apply to the time periods for filing an
action or making a claim under this title, except that repairs made
pursuant to Chapter 4 (commencing with Section 910), with the
exception of the tolling provision contained in Section 927, do not
extend the period for filing an action, or restart the time
limitations contained in subdivision (a) or (b) of Section 7091 of
the Business and Professions Code. If a builder arranges for a
contractor to perform a repair pursuant to Chapter 4 (commencing with
Section 910), as to the builder the time period for calculating the
statute of limitation in subdivision (a) or (b) of Section 7091 of
the Business and Professions Code shall pertain to the substantial
completion of the original construction and not to the date of
repairs under this title. The time limitations established by this
title do not apply to any action by a claimant for a contract or
express contractual provision. Causes of action and damages to which
this chapter does not apply are not limited by this section.
942. In order to make a claim for violation of the standards set
forth in Chapter 2 (commencing with Section 896), 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 set forth in Section 945.5. No
further showing of causation or damages is required to meet the
burden of proof regarding a violation of a standard set forth in
Chapter 2 (commencing with Section 896), provided that the violation
arises out of, pertains to, or is related to, the original
construction.
943. (a) Except as provided in this title, no other cause of action
for a claim covered by this title or for damages recoverable under
Section 944 is allowed. In addition to the rights under this title,
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. Damages awarded for the
items set forth in Section 944 in such other cause of action shall be
reduced by the amounts recovered pursuant to Section 944 for
violation of the standards set forth in this title.
(b) As to any claims involving a detached single-family home, the
homeowner's right to the reasonable value of repairing any
nonconformity is limited to the repair costs, or the diminution in
current value of the home caused by the nonconformity, whichever is
less, subject to the personal use exception as developed under common
law.
944. 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, the reasonable cost of repairing and rectifying any damages
resulting from the failure of the home to meet the standards, the
reasonable cost of removing and replacing any improper repair by the
builder, reasonable relocation and storage expenses, lost business
income if the home was used as a principal place of a business
licensed to be operated from the home, reasonable investigative costs
for each established violation, and all other costs or fees
recoverable by contract or statute.
945. The provisions, standards, rights, and obligations set forth
in this title are binding upon all original purchasers and their
successors-in-interest. For purposes of this title, associations and
others having the rights set forth in Sections 1368.3 and 1368.4
shall be considered to be original purchasers and shall have standing
to enforce the provisions, standards, rights, and obligations set
forth in this title.
945.5. 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 following
affirmative defenses in response to a claimed violation:
(a) To the extent it is caused by an unforeseen act of nature
which caused the structure not to meet the standard. For purposes of
this section an "unforeseen act of nature" means a weather condition,
earthquake, or manmade event such as war, terrorism, or vandalism,
in excess of the design criteria expressed by the applicable building
codes, regulations, and ordinances in effect at the time of original
construction.
(b) To the extent it is caused by a homeowner's unreasonable
failure to minimize or prevent those damages in a timely manner,
including the failure of the homeowner to allow reasonable and timely
access for inspections and repairs under this title. This includes
the failure to give timely notice to the builder after discovery of a
violation, but does not include damages due to the untimely or
inadequate response of a builder to the homeowner's claim.
(c) To the extent it is caused by the homeowner or his or her
agent, employee, general contractor, subcontractor, independent
contractor, or consultant by virtue of their failure to follow the
builder's or manufacturer's recommendations, or commonly accepted
homeowner maintenance obligations. In order to rely upon this defense
as it relates to a builder's recommended maintenance schedule, the
builder shall show that the homeowner had written notice of these
schedules and recommendations and that the recommendations and
schedules were reasonable at the time they were issued.
(d) To the extent it is caused by the homeowner or his or her
agent's or an independent third party's alterations, ordinary wear
and tear, misuse, abuse, or neglect, or by the structure's use for
something other than its intended purpose.
(e) To the extent that the time period for filing actions bars the
claimed violation.
(f) As to a particular violation for which the builder has
obtained a valid release.
(g) To the extent that the builder's repair was successful in
correcting the particular violation of the applicable standard.
(h) As to any causes of action to which this statute does not
apply, all applicable affirmative defenses are preserved.
