Legal Question in Construction Law in California
I have been told that hiring a licensed contractor to build a room addition; permits, inspections; etc.
that the statute of limitation does not start until the final inspection. Is this true?
2 Answers from Attorneys
The statute of limitations for what? A wide variety of owner-contractor suits is imaginable, with a variety of limitations periods and an even broader range of events that might push the start button on the clock. If you have a particular issue in mind, please describe it.
Generally speaking, the statute of limitations begins to run when the potential plaintiff first has a cause of action and knows of it, or should know about it if reasonably diligent. Oftentimes, an owner or his/her architect may notice problems at the final inspection, and thus the final inspection is one date to consider when theorizing on when the cause of action arose, but I do not know whether it is so written in any statute.
The term "substantial completion" is the trigger date for one important statute of limitations for construction defects (CCP 337.1), but "substantial completion" and "final inspection" are not synonymous.
"Final inspection" is one of several possible triggering events for the ten-year statute of limitations (technically, a "statute of repose") for latent defects set forth in CCP 337.15.
Statutes of limitations are slippery eels, and it is best to consult a lawyer with full specifics as to type of action proposed and a full history of the project and the facts surrounding the discovery of the defect or whatever gives rise to the proposed suit.
Mr. Whipple is right on the mark in all respects. I would just add that if you are arguing about whether you are still within the limitations period or past it, you waited WAY THE HELL too long. You should never let a limitations period EVER get close enough that you have to worry about the exact date it started to run.
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I am a contractor who was used as a sub on a job to provide and install patio... Asked 8/16/10, 10:17 am in United States California Construction Law