Legal Question in Construction Law in California

Re: time limits

The applicable statute of limitations seems to be ten years from the date of substantial completion as provided in Code of Civil Procedure section 337.15. Note in particular that the date of "substantial completion" is not later than the date of final inspection by the applicable public agency, per 337.15(g)(1). You can be sued, but the statute should provide you with a complete defense.

Re: time limits

You are probably in luck - there are two statutes of limitations on construction defect lawsuits. First, there is a 10 year absolute maximum from the date of completion. They appear to have blown that. Also, there is a two year from actual date of discovery of the defect, or from the date a reasonable person would have discovered the defect. I'm guessing the crack has been there longer than two years? In any event, you are probably saved by the statute of limitations - but that won't necessarily stop them from filing suit.

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