BILL NUMBER: AB 1152	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Frazier

                        FEBRUARY 27, 2015

   An act to amend Section 895 of the Civil Code, relating to
construction defects.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 895 of the Civil Code is amended to read:
   895.  (a) "Structure" means  any   a 
residential dwelling, other building, or improvement located upon a
lot or within a common area.
   (b) "Designed moisture barrier" means an installed moisture
barrier specified in the plans and specifications, contract
documents, or manufacturer's recommendations.
   (c) "Actual moisture barrier" means  any   a
 component or material, actually installed, that serves to any
degree as a barrier against moisture, whether or not intended as a
barrier against moisture.
   (d) "Unintended water" means water that passes beyond, around, or
through a component or the material that is designed to prevent that
passage.
   (e) "Close of escrow" means the date of the close of escrow
between the builder and the original homeowner. With respect to
claims by an association, as defined in Section 4080, "close of
escrow" means the date of substantial completion, as defined in
Section 337.15 of the Code of Civil Procedure, or the date the
builder relinquishes control over the association's ability to decide
whether to initiate a claim under this title, whichever is later.
   (f) "Claimant" or "homeowner" includes the individual owners of
single-family homes, individual unit owners of attached dwellings
and, in the case of a common interest development,  any
  an  association as defined in Section 4080.