Legal Question in Construction Law in California

I moved into a new house in California in July, 2002. Several months ago, a piece of precast molding fell off of the exterior of the house. The original builder reattached the piece of molding and is now charging me for the repair. Am I responsible for the cost of the repair or is this the responsibility of the builder under California's latent defect law?


Asked on 5/24/11, 4:02 pm

2 Answers from Attorneys

No way to tell without knowing what caused the piece to fall. It's possible but far from certian that it was defectively installed or the piece was defective itself. It's also possible that a lack of maintenance allowed water penetration or other elements to dislodge the piece. There are lots of possibilities. Only if it was a defect in the materials or installation would it be covered.

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Answered on 5/24/11, 5:07 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I agree that the cause of the incident is crucial. However, I also believe the ten-year latent defect law is only a statute of limitations, making it clear that you have a right to sue for ten years, and does not in itself create a ten-year warranty, which would assure that you would win such a suit (given contractor fault).

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Answered on 5/25/11, 8:02 am


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