Legal Question in Real Estate Law in California

how long is a contractor responsible for damages

how long is a contractor responsible for damages to a building he built in July 1994, I live in a 9 Unit townhouse complex and we are having plumbling problems that arise from the quality of materials used and the process that they were installed. A plumber advised that the damage inside the wall is not covered by the insurance, we need to know if we can request the builder to repair all the problems that seem to be from the original construction.


Asked on 8/19/04, 7:05 pm

2 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: how long is a contractor responsible for damages

10 years. Call me directly at (619) 222-3504.

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Answered on 8/19/04, 8:58 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: how long is a contractor responsible for damages

For hidden construction defects, the statute of limitations is generally ten years for suits against the builder and others directly connected with the negligent workmanship: developer, contractor, architect, etc. See Code of Civil Procedure section 337.15.

The statute starts running upon the 'substantial completion' of the project, i.e. the earliest of (1) final inspection by public agency, (2) date of first occupancy or use, (3) recoration of a notice of completion, or (4) one year after termination or cessation of work.

Further, if the defect to be complained of is, for example, the plumbing, the applicable dates MAY be those when the plumbers finished, got their inspection, etc. and are not necessarily when the other trades or the entire project was finished.

If your building was completed in July, 1994 and you haven't initiated suit yet, you may be too late, but possibly not, so get an attorney and file pronto!

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Answered on 8/19/04, 10:47 pm


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