AB 1152, as introduced, Frazier. Construction defects.
Existing law regulates actions seeking recovery on construction defects, as specified, on original construction intended to be sold as an individual dwelling unit. Existing law defines certain terms for these purposes.
This bill would make nonsubstantive changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 895 of the Civil Code is amended to read:
(a) “Structure” meansbegin delete anyend deletebegin insert aend insert residential dwelling, other
3building, or improvement located upon a lot or within a common
4area.
5(b) “Designed moisture barrier” means an installed moisture
6barrier specified in the plans and specifications, contract
7documents, or manufacturer’s recommendations.
8(c) “Actual moisture barrier” meansbegin delete anyend deletebegin insert aend insert component or
9material, actually installed, that serves to any degree as a barrier
P2 1against moisture, whether
or not intended as a barrier against
2moisture.
3(d) “Unintended water” means water that passes beyond, around,
4or through a component or the material that is designed to prevent
5that passage.
6(e) “Close of escrow” means the date of the close of escrow
7between the builder and the original homeowner. With respect to
8claims by an association, as defined in Section 4080, “close of
9escrow” means the date of substantial completion, as defined in
10Section 337.15 of the Code of Civil Procedure, or the date the
11builder relinquishes control over the association’s ability to decide
12whether to initiate a claim under this title, whichever is later.
13(f) “Claimant” or “homeowner” includes the individual owners
14of single-family homes, individual unit owners of attached
15dwellings and, in the case of a common interest development,begin delete anyend delete
16begin insert
anend insert association as defined in Section 4080.
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