Legal Question in Construction Law in California

Re: Length of liablilty on faulty new construction

Let me first state that the current owner (if the original owner) is really the one who should assert the claim against the builder. Second, if you buy the home knowing that defect is there, and do not require the seller to fix it, you may not be able to pursue a claim against the builder. What you are referring to is the statute of limitations on a claim for construction defect. There are actually two different statutes of limitation for construction defect. First, no claim can be filed more than 10 years after the construction is substantially completed. This is a legislative protection for builders from potential unlimited liability for the product they build. The second is a one year statute of limitation for claims from the date that you actually knew, or reasonably should have known about the defect and the damage to your home. Without reviewing the particulars of what is going on with your house, I cannot comment on whether the leak you describe is sufficient to give rise to a valid claim, but it is worth your talking to a construction defect attorney to see if the claim is sufficient to file a lawsuit.

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