Legal Question in Construction Law in California

builder didn't put insulation materials for living quarters

I bought my new house eleven years ago. A couple days ago, I asked a contractor to look in my attic and see if he can install a fan there since my house is very hot in the summer. The contractor looked in my attic and said the builder didn't put any insulation material in my entire attic in violation of the building codes. The contractor also drilled a hole on my master bedroom ceiling and didn't find any insulation material there either. What kind of compensation can I expect from the builder for this violation that make us suffer from excessive heat in the summer and excessive coldness in the winter for 11 years?


Asked on 6/18/02, 2:04 am

2 Answers from Attorneys

Gary Redenbacher Redenbacher & Brown, LLP

Re: builder didn't put insulation materials for living quarters

What you have here is a blatant breach of contract. Unfortunately, it occurred 11 years ago. There are statutes of limitation that will likely prevent you from having any kind of action against him. There are some exceptions to the various statutes of limitation, but it's unlikely that you'd fall into these categories. A more thorough analysis is required.

Nevertheless, you may wish to submit a complaint to the Contractors State License Board. Even if your personal cause of action has expired against the contractor, it doesn't necessarily mean that the CSLB won't take action against him. And, I've seen times where the CSLB, as a condition of maintaining a license, insists that the contractor make restitution, even if the complaining person has no cause of action against the contractor.

One other thing occurs to me, though. How did the contractor get past the insulation inspection with the county and/or city? That's pretty hard to miss.

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Answered on 6/18/02, 2:31 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: builder didn't put insulation materials for living quarters

The applicable law seems to be Code of Civil Procedure section 337.15, which is a 10-year statute of repose for so-called latent (hidden) defects in construction. It differs from a statute of limitation in that time begins running upon completion of the work (etc.) rather than upon discovery of the defect.

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Answered on 6/18/02, 2:54 am


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