reglab/housing_qa huggingface dataset:
CA Civ Code § 922 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS|CHAPTER 4 - Prelitigation Procedure|Section 922.

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 spoliation defense by any potential party in any subsequent litigation.(Amended by Stats. 2009, Ch. 88, Sec. 13. (AB 176) Effective January 1, 2010.)
CA Civ Code § 923 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS|CHAPTER 4 - Prelitigation Procedure|Section 923.

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.(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
CA Civ Code § 924 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS|CHAPTER 4 - Prelitigation Procedure|Section 924.

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.(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
CA Civ Code § 925 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS|CHAPTER 4 - Prelitigation Procedure|Section 925.

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 continue to apply to the action.(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
CA Civ Code § 926 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS|CHAPTER 4 - Prelitigation Procedure|Section 926.

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 both, including all applicable damages available under Section 944.(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
CA Civ Code § 927 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS|CHAPTER 4 - Prelitigation Procedure|Section 927.

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 claimant to 100 days after the repair is completed, whether or not the particular violation is the one being repaired. If the builder fails to acknowledge the claim within the time specified, elects not to go through this statutory process, or fails to request an inspection within the time specified, the time period for filing a complaint or other legal remedies for violation of any provision of this title is extended from the time of the original claim by the claimant to 45 days after the time for responding to the notice of claim has expired. If the builder elects to attempt to enforce its own nonadversarial procedure in lieu of the procedure set forth in this chapter, the time period for filing a complaint or other legal remedies for violation of any provision of this part is extended from the time of the original claim by the claimant to 100 days after either the completion of the builder’s alternative nonadversarial procedure, or 100 days after the builder’s alternative nonadversarial procedure is deemed unenforceable, whichever is later.(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
CA Civ Code § 928 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS|CHAPTER 4 - Prelitigation Procedure|Section 928.

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 hours, except as otherwise mutually agreed before a nonaffiliated mediator selected and paid for by the builder. At the homeowner’s sole option, the homeowner may agree to split the cost of the mediator and if he or she does so, the mediator shall be selected jointly. The mediator shall have sufficient availability such that the mediation will occur within 15 days after the request for mediation is received and shall occur at a mutually convenient location within the county where the action is pending. In the event that a mediation is used at this point, any applicable statutes of limitations shall be tolled from the date of the request to mediate until the next court day after the mediation is completed, or the 100-day period, whichever is later.(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
CA Civ Code § 929 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS|CHAPTER 4 - Prelitigation Procedure|Section 929.

929.  (a) Nothing in this chapter prohibits the builder from making only a cash offer and no repair. In this situation, the homeowner is free to accept the offer, or he or she may reject the offer and proceed with the filing of an action. If the latter occurs, the standards of the other chapters of this title shall continue to apply to the action.(b) The builder may obtain a reasonable release in exchange for the cash payment. The builder may negotiate the terms and conditions of any reasonable release in terms of scope and consideration in conjunction with a cash payment under this chapter.(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
CA Civ Code § 930 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS|CHAPTER 4 - Prelitigation Procedure|Section 930.

930.  (a) The time periods and all other requirements in this chapter are to be strictly construed, and, unless extended by the mutual agreement of the parties in accordance with this chapter, shall govern the rights and obligations under this title. If a builder fails to act in accordance with this section within the timeframes mandated, unless extended by the mutual agreement of the parties as evidenced by a postclaim written confirmation by the affected homeowner demonstrating that he or she has knowingly and voluntarily extended the statutory timeframe, the claimant may proceed with filing an action. If this occurs, the standards of the other chapters of this title shall continue to apply to the action.(b) If the claimant does not conform with the requirements of this chapter, the builder may bring a motion to stay any subsequent court action or other proceeding until the requirements of this chapter have been satisfied. The court, in its discretion, may award the prevailing party on such a motion, his or her attorney’s fees and costs in bringing or opposing the motion.(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
CA Civ Code § 931 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS|CHAPTER 4 - Prelitigation Procedure|Section 931.

931.  If a claim combines causes of action or damages not covered by this part, including, without limitation, personal injuries, class actions, other statutory remedies, or fraud-based claims, the claimed unmet standards shall be administered according to this part, although evidence of the property in its unrepaired condition may be introduced to support the respective elements of any such cause of action. As to any fraud-based claim, if the fact that the property has been repaired under this chapter is deemed admissible, the trier of fact shall be informed that the repair was not voluntarily accepted by the homeowner. As to any class action claims that address solely the incorporation of a defective component into a residence, the named and unnamed class members need not comply with this chapter.(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
CA Civ Code § 932 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS|CHAPTER 4 - Prelitigation Procedure|Section 932.

932.  Subsequently discovered claims of unmet standards shall be administered separately under this chapter, unless otherwise agreed to by the parties. However, in the case of a detached single family residence, in the same home, if the subsequently discovered claim is for a violation of the same standard as that which has already been initiated by the same claimant and the subject of a currently pending action, the claimant need not reinitiate the process as to the same standard. In the case of an attached project, if the subsequently discovered claim is for a violation of the same standard for a connected component system in the same building as has already been initiated by the same claimant, and the subject of a currently pending action, the claimant need not reinitiate this process as to that standard.(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
CA Civ Code § 933 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS|CHAPTER 4 - Prelitigation Procedure|Section 933.

933.  If any enforcement of these standards is commenced, the fact that a repair effort was made may be introduced to the trier of fact. However, the claimant may use the condition of the property prior to the repair as the basis for contending that the repair work was inappropriate, inadequate, or incomplete, or that the violation still exists. The claimant need not show that the repair work resulted in further damage nor that damage has continued to occur as a result of the violation.(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
CA Civ Code § 934 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS|CHAPTER 4 - Prelitigation Procedure|Section 934.

934.  Evidence of both parties’ conduct during this process may be introduced during a subsequent enforcement action, if any, with the exception of any mediation. Any repair efforts undertaken by the builder, shall not be considered settlement communications or offers of settlement and are not inadmissible in evidence on such a basis.(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
CA Civ Code § 935 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS|CHAPTER 4 - Prelitigation Procedure|Section 935.

935.  To the extent that provisions of this chapter are enforced and those provisions are substantially similar to provisions in Section 6000, but an action is subsequently commenced under Section 6000, the parties are excused from performing the substantially similar requirements under Section 6000.(Amended by Stats. 2012, Ch. 181, Sec. 30. (AB 806) Effective January 1, 2013. Operative January 1, 2014, by Sec. 86 of Ch. 181.)
CA Civ Code § 936 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS|CHAPTER 4 - Prelitigation Procedure|Section 936.

936.  Each and every provision of the other chapters of this title apply to general contractors, subcontractors, material suppliers, individual product manufacturers, and design professionals to the extent that the general contractors, subcontractors, material suppliers, individual product manufacturers, and design professionals caused, in whole or in part, a violation of a particular standard as the result of a negligent act or omission or a breach of contract. In addition to the affirmative defenses set forth in Section 945.5, a general contractor, subcontractor, material supplier, design professional, individual product manufacturer, or other entity may also offer common law and contractual defenses as applicable to any claimed violation of a standard. All actions by a claimant or builder to enforce an express contract, or any provision thereof, against a general contractor, subcontractor, material supplier, individual product manufacturer, or design professional is preserved. Nothing in this title modifies the law pertaining to joint and several liability for builders, general contractors, subcontractors, material suppliers, individual product manufacturer, and design professionals that contribute to any specific violation of this title. However, the negligence standard in this section does not apply to any general contractor, subcontractor, material supplier, individual product manufacturer, or design professional with respect to claims for which strict liability would apply.(Amended by Stats. 2003, Ch. 762, Sec. 5. Effective January 1, 2004.)
CA Civ Code § 937 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS|CHAPTER 4 - Prelitigation Procedure|Section 937.

937.  Nothing in this title shall be interpreted to eliminate or abrogate the requirement to comply with Section 411.35 of the Code of Civil Procedure or to affect the liability of design professionals, including architects and architectural firms, for claims and damages not covered by this title.(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
CA Civ Code § 938 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS|CHAPTER 4 - Prelitigation Procedure|Section 938.

938.  This title applies only to new residential units where the purchase agreement with the buyer was signed by the seller on or after January 1, 2003.(Amended by Stats. 2003, Ch. 762, Sec. 6. Effective January 1, 2004.)
CA Civ Code § 941 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS|CHAPTER 5 - Procedure|Section 941.

941.  (a) Except as specifically set forth in this title, no action may be brought to recover under this title more than 10 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.(Amended by Stats. 2003, Ch. 762, Sec. 7. Effective January 1, 2004.)
CA Civ Code § 942 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS|CHAPTER 5 - Procedure|Section 942.

942.  In order to make a claim for violation of the standards set forth in Chapter 2 (commencing with Section 896), a homeowner need only demonstrate, in accordance with the applicable evidentiary standard, that the home does not meet the applicable standard, subject to the affirmative defenses set forth in Section 945.5. No further showing of causation or damages is required to meet the burden of proof regarding a violation of a standard set forth in Chapter 2 (commencing with Section 896), provided that the violation arises out of, pertains to, or is related to, the original construction.(Added by Stats. 2003, Ch. 762, Sec. 9. Effective January 1, 2004.)
CA Civ Code § 943 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS|CHAPTER 5 - Procedure|Section 943.

943.  (a) Except as provided in this title, no other cause of action for a claim covered by this title or for damages recoverable under Section 944 is allowed. In addition to the rights under this title, this title does not apply to any action by a claimant to enforce a contract or express contractual provision, or any action for fraud, personal injury, or violation of a statute. Damages awarded for the items set forth in Section 944 in such other cause of action shall be reduced by the amounts recovered pursuant to Section 944 for violation of the standards set forth in this title.(b) As to any claims involving a detached single-family home, the homeowner’s right to the reasonable value of repairing any nonconformity is limited to the repair costs, or the diminution in current value of the home caused by the nonconformity, whichever is less, subject to the personal use exception as developed under common law.(Added by renumbering Section 942 by Stats. 2003, Ch. 762, Sec. 8. Effective January 1, 2004.)
CA Civ Code § 944 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS|CHAPTER 5 - Procedure|Section 944.

944.  If a claim for damages is made under this title, the homeowner is only entitled to damages for the reasonable value of repairing any violation of the standards set forth in this title, the reasonable cost of repairing any damages caused by the repair efforts, the reasonable cost of repairing and rectifying any damages resulting from the failure of the home to meet the standards, the reasonable cost of removing and replacing any improper repair by the builder, reasonable relocation and storage expenses, lost business income if the home was used as a principal place of a business licensed to be operated from the home, reasonable investigative costs for each established violation, and all other costs or fees recoverable by contract or statute.(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
CA Civ Code § 945 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS|CHAPTER 5 - Procedure|Section 945.

945.  The provisions, standards, rights, and obligations set forth in this title are binding upon all original purchasers and their successors-in-interest. For purposes of this title, associations and others having the rights set forth in Sections 5980 and 5985 shall be considered to be original purchasers and shall have standing to enforce the provisions, standards, rights, and obligations set forth in this title.(Amended by Stats. 2018, Ch. 92, Sec. 34. (SB 1289) Effective January 1, 2019.)