Bill Text: CA AB2353 | 2017-2018 | Regular Session | Amended

California Assembly Bill 2353 (Prior Session Legislation)

Bill Title: Construction defects: actions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2018-08-16 - Ordered to inactive file at the request of Senator Galgiani. [AB2353 Detail]

Download: California-2017-AB2353-Amended.html

Amended IN Assembly May 10, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 2353

Introduced by Assembly Member Frazier

February 13, 2018

An act to ~~amend Section 941 of~~ add Section 916.5 to the Civil Code, relating to construction defects.

LEGISLATIVE COUNSEL'S DIGEST

AB 2353, as amended, Frazier. Construction defects: ~~actions: statute of limitations.~~ actions.

Existing law specifies the requirements for actions for construction defects. Existing law includes a statute of limitations that, except as specified, prohibits an action from being brought to recover under these provisions more than 10 years after substantial completion of the improvement but no later than the date the notice of completion is recorded. defects and includes a nonadversarial procedure for the parties to resolve the dispute. Existing law requires, as part of this nonadversarial procedure, a builder who elects to inspect a claim of unmet building standards to meet certain requirements for the inspection.

This bill would ~~shorten the 10-year period to 5 years.~~ require that an inspection for purposes of the above-described provisions be conducted by a person who is licensed as a contractor with a license that applies to the field and scope in which the person is conducting the inspection and issuing his or her inspection findings or report.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 916.5 is added to the Civil Code, to read:

916.5.
(a) An inspection conducted pursuant to this chapter shall be conducted by a person licensed pursuant to the Contractor’s State License Law (Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code) with a license that applies to the field and scope in which the person is conducting the inspection and issuing inspection findings or a report.
(b) Nothing in this section shall preclude a subject matter expert in the field and scope of the inspection who is not licensed pursuant to the Contractor’s State License Law from conducting the inspection and issuing inspection findings or a report when the subject matter of the inspection requires it.

SECTION 1.Section 941 of the Civil Code is amended to read:
941.
(a)Except as specifically set forth in this title, no action may be brought to recover under this title more than five years after substantial completion of the improvement but not later than the date of recordation of a valid notice of completion.
(b)As used in this section, “action” includes an action for indemnity brought against a person arising out of that person’s performance or furnishing of services or materials referred to in this title, except that a cross-complaint for indemnity may be filed pursuant to subdivision (b) of Section 428.10 of the Code of Civil Procedure in an action which has been brought within the time period set forth in subdivision (a).
(c)The limitation prescribed by this section may not be asserted by way of defense by any person in actual possession or the control, as owner, tenant or otherwise, of such an improvement, at the time any deficiency in the improvement constitutes the proximate cause for which it is proposed to make a claim or bring an action.
~~(d)Sections 337.15 and 337.1 of the Code of Civil Procedure do not apply to actions under this title.~~
(e)Existing statutory and decisional law regarding tolling of the statute of limitations shall apply to the time periods for filing an action or making a claim under this title, except that repairs made pursuant to Chapter 4 (commencing with Section 910), with the exception of the tolling provision contained in Section 927, do not extend the period for filing an action, or restart the time limitations contained in subdivision (a) or (b) of Section 7091 of the Business and Professions Code. If a builder arranges for a contractor to perform a repair pursuant to Chapter 4 (commencing with Section 910), as to the builder the time period for calculating the statute of limitation in subdivision (a) or (b) of Section 7091 of the Business and Professions Code shall pertain to the substantial completion of the original construction and not to the date of repairs under this title. The time limitations established by this title do not apply to any action by a claimant for a contract or express contractual provision. Causes of action and damages to which this chapter does not apply are not limited by this section.