Legal Question in Construction Law in California
We received a contract from our contractor to cover bathroom remodeling work. He has included no warranty information but mention a 10-year warranty without being specific about its coverage. We underestand that materials might be warranted for periods of different lengththan the contractor's work would like to know what to require. The work includes tile work, shower installation, fans and lighting, floor heating mats, plumbing and fixtures, and skylights. Can you provide us some guidance?
Thank you.
1 Answer from Attorneys
There is an implied at law term in every construction contract that the work will be performed in a "good and workmanlike manner, free from defects in materials and construction." That language does not have to be in the contract for that basic rule to be in effect. Under the UCC, manufacturers written warranties on things like faucets, fans, etc. may supersede that implied term. Other than that, the work is covered by that vague implied warranty. The ten years the contractor referred to is a statute of repose (similar but not identical to a statute of limitations). The statute of limitations for breach of contract, including defective construction, is four years from when the defect was or should have been discovered. The statute of repose puts a ten-year cap on discovering hidden defects. Ten years after completion, all claims expire, even if the defect doesn't become aparent until year 11.
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