Legal Question in Construction Law in California

Re: Contractor's warranty

The problem or misunderstanding here is confusing an express warranty with the statute of limitations for negligence.

On the one hand, contractors, providers of materials, etc. may voluntarily guarantee or warrant the performance of their products, or the quality of their workmanship, for a specific period of their own choosing. Thereafter, a suit may be brought to enforce the warranty, and the essence of such a suit is breach of contract.

On the OTHER hand, all contractors (and for that matter, materials suppliers) must perform their functions in a non-negligent way. If work is done, or a product designed or manufactured, in a negligent and careless way, the contractor or supplier may be liable for certain kinds of resulting harm. This kind of liability is based upon the tort of negligence (rather than an agreement within a contract) and has a different time period, a different standard of proof, and different potential remedies (damages). Often, the statute of limitations for a hidden defect is ten years. This is much longer than many express warranties, but proving negligence is more demanding than simply making a claim on a warranty (usually).

To make matters more complex, in addition to express warranties (set out in black and white), there are also so-called "implied warranties" under which a seller of goods is ASSUMED to warrant that the goods are of decent quality and will perform as a buyer might expect.

So, all in all there are several legal theories under which one might go after a builder, and each has its own set of time limits, quality standards, and rules for calculating damages, as well as other nuances that differ. A suffering home owner needs a little legal coaching to see if any of them fits his facts.

Re: Contractor's warranty

I agree with Mr. Whipple. In addition, the warranty your contractor is likely referring to is one for cosmetic work, often called the "Fit and Finish Warranty". There is a one year warranty imposed by law on the fit and finish of cabinets, mirrors, flooring, interior and exterior walls, countertops, paint finishes and trim. It's rarely invoked in any lawsuits, though, because it's pretty rare for these cosmetic items to fail in a year. The more usual lawsuits involve water intrusion and excessive settling. As Mr. Whipple said, these problems may fall under a legal theory other than an express written warranty and the time limits can be substantially longer than a year. Breach of written contract has a four year limit. Oral contract breach has two years. Damage to property is 3 years. Latent defects are 10 years. This can be a pretty complicated area of analysis. If there is something wrong with your house, don't take your contrator's word for it that he's off the hook. Get down to an experienced construction law attorney and have him look at things.