Legal Question in Construction Law in California

Re: New Home Warrantee

There are a number of laws that protect homeowners from shoddy construction. There is an express warranty for one year on the "fit and finish" of certain materials, plus appliances nearly always have their own manufacturer warranties, but the laws that are usually invoked are those for negligence and breach of contract. There are other theories, such as products liability and breach of implied warranty, but they're not used quite as often.

If a house doesn't perform as you contracted for, you have four years to bring an action on breach of that contract. You have three years to bring an action based on negligence once you discover the defect. Negligence causes of action cut off, however, at ten years after the house is completed. Thus, if you discover at year 9 that the contractor buried the wrong type of pipe in the ground and it had finally rotted away, you'd have to bring an action against him before the 10 years ran out.

Re: New Home Warrantee

Yes. Time limits vary between one and ten years, depending upon the nature of the claim. Proving defects normally requires expert testimony beyond the homeowners opinion. Contact me if you need to take legal action.