Legal Question in Real Estate Law in California

Re: Latent defects

The ten-year figure is a statute of limitations for builder or contractor negligence, which is substantially different from a warranty period for materials.

If the express warranty has expired, you cannot sue successfully based upon the warranty. If the contractor was not negligent, you cannot sue him successfully even though the ten years hasn't elapsed.

So, your possible suit would have to be based upon negligence of the contractor. Such negligence could be shown, perhaps, if the window were improperly installed. There is also a remote chance the builder could be negligent if he selected this brand despite information being available that it was inferior, or some other set of circumstances showing negligence. However, if the builder or contractor just followed plans and did a reasonably good job of installing the window, negligence can't be shown and there is no basis for suit, even though under the statute it would still be timely.