Legal Question in Construction Law in California
How long is the subcontractor or builder responsible for repair or replacement of granite countertops? The slab was cracked and repaired at installatiion and the builder okayed it. The crack has reopened and enlarged. The sub says he is not responsible because the builder signed off. The builder says he is not responsible because it is over a year.
2 Answers from Attorneys
If the defect was not known to you and not discoverable by you with normal inspection, and this is not necessarily the original defect, but rather that the repair was defective, then the time limit is ten years.
The Civil Code commencing with Section 895 applies to residential construction and establishes minimum warranties, a "prelitigation procedure" (notice, acknowledgment of notice, document production, inspection and testing, builder�s right to repair and mediation), statutes of limitation, and limits for recoverable damages.
Although no action may be brought more than ten years after substantial completion or the date a valid notice of completion is recorded, certain of the defects have significantly shorter statutes of limitation, including countertops, which If no useful life representation is made, or if the representation is less than one year, the period shall be no less than one year.
I do not know all the facts of your case, and I do not legally represent you. Although I strive to make sure the information I provide is generally accurate and useful, you should promptly consult a lawyer who can learn the details of your case more completely, to ensure that the information I provide, and your interpretation of it, is appropriate to your particular situation.
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