as amended, Calderon.
begin deletePrelitigation procedures: construction claims. end delete
Existing law requires a claimant to file a written notice, as specified, with the party alleged to have contributed to a construction defect before initiating litigation against the party for construction defect claims regarding the claimant’s residence.end delete
This bill would make technical, nonsubstantive changes to these provisions.end delete
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 910 of the Civil Code is amended to read:
Prior to filing an action against any party alleged to have
22contributed to a violation of the standards set forth in Chapter 2
P3 1(commencing with Section 896), the claimant shall initiate the
2following prelitigation procedures:
3(a) The claimant or his or her legal representative shall provide
4written notice via certified mail, overnight mail, or personal
5delivery to the builder, in the manner prescribed in this section, of
6the claimant’s claim that the construction of his or her residence
7violates any of the standards set forth in Chapter 2 (commencing
8with Section 896).
9(1) The written notice shall provide the claimant’s name,
10address, and preferred method of contact, and shall state that the
11 claimant alleges a violation pursuant to this part against the builder,
12and shall describe the claim in reasonable detail sufficient to
13determine the nature and location, to the extent known, of the
15(2) In the case of a group of homeowners or an association, the
16notice may identify the claimants solely by address or other
17description sufficient to apprise the builder of the locations of the
18subject residences. That document shall have the same force and
19effect as a notice of commencement of a legal proceeding.
20(b) The notice requirements of this section do not preclude a
21homeowner from seeking redress through any applicable normal
22customer service procedure as set forth in any contractual,
23warranty, or other builder-generated document; and, if a
24homeowner seeks to do so, that request shall not satisfy the notice
25requirements of this section.