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Civil Code - CIV - CIV § 907
Civil Code - CIV - CIV § 907
A homeowner is obligated to follow all reasonable maintenance obligations and schedules communicated in writing to the homeowner by the builder and product manufacturers, as well as commonly accepted maintenance practices. A failure by a homeowner to follow these obligations, sch
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Civil Code - CIV - CIV § 910
Civil Code - CIV - CIV § 910
Prior to filing an action against any party alleged to have contributed to a violation of the standards set forth in Chapter 2 (commencing with Section 896), the claimant shall initiate the following prelitigation procedures: (a) The claimant or his or her legal representative sh
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Civil Code - CIV - CIV § 9100
Civil Code - CIV - CIV § 9100
(a) Except as provided in subdivision (b), any of the following persons that have not been paid in full may give a stop payment notice to the public entity or assert a claim against a payment bond: (1) A person that provides work for a public works contract, if the work is author
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Civil Code - CIV - CIV § 911
Civil Code - CIV - CIV § 911
(a) For purposes of this title, except as provided in subdivision (b), “builder” means any entity or individual, including, but not limited to a builder, developer, general contractor, contractor, or original seller, who, at the time of sale, was also in the business of selling r
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Civil Code - CIV - CIV § 912
Civil Code - CIV - CIV § 912
A builder shall do all of the following: (a) Within 30 days of a written request by a homeowner or his or her legal representative, the builder shall provide copies of all relevant plans, specifications, mass or rough grading plans, final soils reports, Bureau of Real Estate publ
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Civil Code - CIV - CIV § 913
Civil Code - CIV - CIV § 913
A builder or his or her representative shall acknowledge, in writing, receipt of the notice of the claim within 14 days after receipt of the notice of the claim. If the notice of the claim is served by the claimant’s legal representative, or if the builder receives a written repr
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Civil Code - CIV - CIV § 914
Civil Code - CIV - CIV § 914
(a) This chapter establishes a nonadversarial procedure, including the remedies available under this chapter which, if the procedure does not resolve the dispute between the parties, may result in a subsequent action to enforce the other chapters of this title. A builder may atte
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Civil Code - CIV - CIV § 915
Civil Code - CIV - CIV § 915
If a builder fails to acknowledge receipt of the notice of a claim within the time specified, elects not to go through the process set forth in this chapter, or fails to request an inspection within the time specified, or at the conclusion or cessation of an alternative nonadvers
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Civil Code - CIV - CIV § 916
Civil Code - CIV - CIV § 916
(a) If a builder elects to inspect the claimed unmet standards, the builder shall complete the initial inspection and testing within 14 days after acknowledgment of receipt of the notice of the claim, at a mutually convenient date and time. If the homeowner has retained legal rep
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Civil Code - CIV - CIV § 917
Civil Code - CIV - CIV § 917
Within 30 days of the initial or, if requested, second inspection or testing, the builder may offer in writing to repair the violation. The offer to repair shall also compensate the homeowner for all applicable damages recoverable under Section 944, within the timeframe for the r
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Civil Code - CIV - CIV § 918
Civil Code - CIV - CIV § 918
Upon receipt of the offer to repair, the homeowner shall have 30 days to authorize the builder to proceed with the repair. The homeowner may alternatively request, at the homeowner’s sole option and discretion, that the builder provide the names, addresses, telephone numbers, and
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Civil Code - CIV - CIV § 919
Civil Code - CIV - CIV § 919
The offer to repair shall also be accompanied by an offer to mediate the dispute if the homeowner so chooses. The mediation shall be limited to a four-hour mediation, except as otherwise mutually agreed before a nonaffiliated mediator selected and paid for by the builder. At the
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Civil Code - CIV - CIV § 920
Civil Code - CIV - CIV § 920
If the builder fails to make an offer to repair or otherwise strictly comply with this chapter within the times specified, the claimant is released from the requirements of this chapter and may proceed with the filing of an action. If the contractor performing the repair does not
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Civil Code - CIV - CIV § 9200
Civil Code - CIV - CIV § 9200
For the purpose of this title, completion of a work of improvement occurs at the earliest of the following times: (a) Acceptance of the work of improvement by the public entity. (b) Cessation of labor on the work of improvement for a continuous period of 60 days. This subdivision
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Civil Code - CIV - CIV § 9202
Civil Code - CIV - CIV § 9202
(a) A public entity may record a notice of cessation if there has been a continuous cessation of labor for at least 30 days prior to the recordation that continues through the date of the recordation. (b) The notice shall be signed and verified by the public entity or its agent.
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Civil Code - CIV - CIV § 9204
Civil Code - CIV - CIV § 9204
(a) A public entity may record a notice of completion on or within 15 days after the date of completion of a work of improvement. (b) The notice shall be signed and verified by the public entity or its agent. (c) The notice shall comply with the requirements of Chapter 2 (commenc
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Civil Code - CIV - CIV § 9208
Civil Code - CIV - CIV § 9208
A notice of completion in otherwise proper form, verified and containing the information required by this title shall be accepted by the recorder for recording and is deemed duly recorded without acknowledgment.
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Civil Code - CIV - CIV § 921
Civil Code - CIV - CIV § 921
(a) In the event that a resolution under this chapter involves a repair by the builder, the builder shall make an appointment with the claimant, make all appropriate arrangements to effectuate a repair of the claimed unmet standards, and compensate the homeowner for all damages r
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Civil Code - CIV - CIV § 922
Civil Code - CIV - CIV § 922
The builder shall, upon request, allow the repair to be observed and electronically recorded, video recorded, or photographed by the claimant or his or her legal representative. Nothing that occurs during the repair process may be used or introduced as evidence to support a spoli
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Civil Code - CIV - CIV § 923
Civil Code - CIV - CIV § 923
The builder shall provide the homeowner or his or her legal representative, upon request, with copies of all correspondence, photographs, and other materials pertaining or relating in any manner to the repairs.
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Civil Code - CIV - CIV § 924
Civil Code - CIV - CIV § 924
If the builder elects to repair some, but not all of, the claimed unmet standards, the builder shall, at the same time it makes its offer, set forth with particularity in writing the reasons, and the support for those reasons, for not repairing all claimed unmet standards.
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Civil Code - CIV - CIV § 925
Civil Code - CIV - CIV § 925
If the builder fails to complete the repair within the time specified in the repair plan, the claimant is released from the requirements of this chapter and may proceed with the filing of an action. If this occurs, the standards set forth in the other chapters of this title shall
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Civil Code - CIV - CIV § 926
Civil Code - CIV - CIV § 926
The builder may not obtain a release or waiver of any kind in exchange for the repair work mandated by this chapter. At the conclusion of the repair, the claimant may proceed with filing an action for violation of the applicable standard or for a claim of inadequate repair, or bo
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Civil Code - CIV - CIV § 927
Civil Code - CIV - CIV § 927
If the applicable statute of limitations has otherwise run during this process, the time period for filing a complaint or other legal remedies for violation of any provision of this title, or for a claim of inadequate repair, is extended from the time of the original claim by the
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Civil Code - CIV - CIV § 928
Civil Code - CIV - CIV § 928
If the builder has invoked this chapter and completed a repair, prior to filing an action, if there has been no previous mediation between the parties, the homeowner or his or her legal representative shall request mediation in writing. The mediation shall be limited to four hour