reglab/housing_qa huggingface dataset:
CA Civ Code § 895 (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 1 - Definitions|Section 895.

895.  (a) “Structure” means any 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 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 association as defined in Section 4080.(Amended by Stats. 2012, Ch. 181, Sec. 29. (AB 806) Effective January 1, 2013. Operative January 1, 2014, by Sec. 86 of Ch. 181.)
CA Civ Code § 897 (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 2 - Actionable Defects|Section 897.

897.  The standards set forth in this chapter are intended to address every function or component of a structure. To the extent that a function or component of a structure is not addressed by these standards, it shall be actionable if it causes damage.(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
CA Civ Code § 900 (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 3 - Obligations|Section 900.

900.  As to fit and finish items, a builder shall provide a homebuyer with a minimum one-year express written limited warranty covering the fit and finish of the following building components. Except as otherwise provided by the standards specified in Chapter 2 (commencing with Section 896), this warranty shall cover the fit and finish of cabinets, mirrors, flooring, interior and exterior walls, countertops, paint finishes, and trim, but shall not apply to damage to those components caused by defects in other components governed by the other provisions of this title. Any fit and finish matters covered by this warranty are not subject to the provisions of this title. If a builder fails to provide the express warranty required by this section, the warranty for these items shall be for a period of one year.(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
CA Civ Code § 901 (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 3 - Obligations|Section 901.

901.  A builder may, but is not required to, offer greater protection or protection for longer time periods in its express contract with the homeowner than that set forth in Chapter 2 (commencing with Section 896). A builder may not limit the application of Chapter 2 (commencing with Section 896) or lower its protection through the express contract with the homeowner. This type of express contract constitutes an “enhanced protection agreement.”(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
CA Civ Code § 902 (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 3 - Obligations|Section 902.

902.  If a builder offers an enhanced protection agreement, the builder may choose to be subject to its own express contractual provisions in place of the provisions set forth in Chapter 2 (commencing with Section 896). If an enhanced protection agreement is in place, Chapter 2 (commencing with Section 896) no longer applies other than to set forth minimum provisions by which to judge the enforceability of the particular provisions of the enhanced protection agreement.(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
CA Civ Code § 903 (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 3 - Obligations|Section 903.

903.  If a builder offers an enhanced protection agreement in place of the provisions set forth in Chapter 2 (commencing with Section 896), the election to do so shall be made in writing with the homeowner no later than the close of escrow. The builder shall provide the homeowner with a complete copy of Chapter 2 (commencing with Section 896) and advise the homeowner that the builder has elected not to be subject to its provisions. If any provision of an enhanced protection agreement is later found to be unenforceable as not meeting the minimum standards of Chapter 2 (commencing with Section 896), a builder may use this chapter in lieu of those provisions found to be unenforceable.(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
CA Civ Code § 904 (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 3 - Obligations|Section 904.

904.  If a builder has elected to use an enhanced protection agreement, and a homeowner disputes that the particular provision or time periods of the enhanced protection agreement are not greater than, or equal to, the provisions of Chapter 2 (commencing with Section 896) as they apply to the particular deficiency alleged by the homeowner, the homeowner may seek to enforce the application of the standards set forth in this chapter as to those claimed deficiencies. If a homeowner seeks to enforce a particular standard in lieu of a provision of the enhanced protection agreement, the homeowner shall give the builder written notice of that intent at the time the homeowner files a notice of claim pursuant to Chapter 4 (commencing with Section 910).(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
CA Civ Code § 905 (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 3 - Obligations|Section 905.

905.  If a homeowner seeks to enforce Chapter 2 (commencing with Section 896), in lieu of the enhanced protection agreement in a subsequent litigation or other legal action, the builder shall have the right to have the matter bifurcated, and to have an immediately binding determination of his or her responsive pleading within 60 days after the filing of that pleading, but in no event after the commencement of discovery, as to the application of either Chapter 2 (commencing with Section 896) or the enhanced protection agreement as to the deficiencies claimed by the homeowner. If the builder fails to seek that determination in the timeframe specified, the builder waives the right to do so and the standards set forth in this title shall apply. As to any nonoriginal homeowner, that homeowner shall be deemed in privity for purposes of an enhanced protection agreement only to the extent that the builder has recorded the enhanced protection agreement on title or provided actual notice to the nonoriginal homeowner of the enhanced protection agreement. If the enhanced protection agreement is not recorded on title or no actual notice has been provided, the standards set forth in this title apply to any nonoriginal homeowners’ claims.(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
CA Civ Code § 906 (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 3 - Obligations|Section 906.

906.  A builder’s election to use an enhanced protection agreement addresses only the issues set forth in Chapter 2 (commencing with Section 896) and does not constitute an election to use or not use the provisions of Chapter 4 (commencing with Section 910). The decision to use or not use Chapter 4 (commencing with Section 910) is governed by the provisions of that chapter.(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
CA Civ Code § 907 (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 3 - Obligations|Section 907.

907.  A homeowner is obligated to follow all reasonable maintenance obligations and schedules communicated in writing to the homeowner by the builder and product manufacturers, as well as commonly accepted maintenance practices. A failure by a homeowner to follow these obligations, schedules, and practices may subject the homeowner to the affirmative defenses contained in Section 944.(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
CA Civ Code § 910 (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 910.

910.  Prior to filing an action against any party alleged to have contributed to a violation of the standards set forth in Chapter 2 (commencing with Section 896), the claimant shall initiate the following prelitigation procedures:(a) The claimant or his or her legal representative shall provide written notice via certified mail, overnight mail, or personal delivery to the builder, in the manner prescribed in this section, of the claimant’s claim that the construction of his or her residence violates any of the standards set forth in Chapter 2 (commencing with Section 896). That notice shall provide the claimant’s name, address, and preferred method of contact, and shall state that the claimant alleges a violation pursuant to this part against the builder, and shall describe the claim in reasonable detail sufficient to determine the nature and location, to the extent known, of the claimed violation. In the case of a group of homeowners or an association, the notice may identify the claimants solely by address or other description sufficient to apprise the builder of the locations of the subject residences. That document shall have the same force and effect as a notice of commencement of a legal proceeding.(b) The notice requirements of this section do not preclude a homeowner from seeking redress through any applicable normal customer service procedure as set forth in any contractual, warranty, or other builder-generated document; and, if a homeowner seeks to do so, that request shall not satisfy the notice requirements of this section.(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
CA Civ Code § 911 (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 911.

911.  (a) For purposes of this title, except as provided in subdivision (b), “builder” means any entity or individual, including, but not limited to a builder, developer, general contractor, contractor, or original seller, who, at the time of sale, was also in the business of selling residential units to the public for the property that is the subject of the homeowner’s claim or was in the business of building, developing, or constructing residential units for public purchase for the property that is the subject of the homeowner’s claim.(b) For the purposes of this title, “builder” does not include any entity or individual whose involvement with a residential unit that is the subject of the homeowner’s claim is limited to his or her capacity as general contractor or contractor and who is not a partner, member of, subsidiary of, or otherwise similarly affiliated with the builder. For purposes of this title, these nonaffiliated general contractors and nonaffiliated contractors shall be treated the same as subcontractors, material suppliers, individual product manufacturers, and design professionals.(Amended by Stats. 2003, Ch. 762, Sec. 2. Effective January 1, 2004.)
CA Civ Code § 913 (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 913.

913.  A builder or his or her representative shall acknowledge, in writing, receipt of the notice of the claim within 14 days after receipt of the notice of the claim. If the notice of the claim is served by the claimant’s legal representative, or if the builder receives a written representation letter from a homeowner’s attorney, the builder shall include the attorney in all subsequent substantive communications, including, without limitation, all written communications occurring pursuant to this chapter, and all substantive and procedural communications, including all written communications, following the commencement of any subsequent complaint or other legal action, except that if the builder has retained or involved legal counsel to assist the builder in this process, all communications by the builder’s counsel shall only be with the claimant’s legal representative, if any.(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
CA Civ Code § 914 (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 914.

914.  (a) This chapter establishes a nonadversarial procedure, including the remedies available under this chapter which, if the procedure does not resolve the dispute between the parties, may result in a subsequent action to enforce the other chapters of this title. A builder may attempt to commence nonadversarial contractual provisions other than the nonadversarial procedures and remedies set forth in this chapter, but may not, in addition to its own nonadversarial contractual provisions, require adherence to the nonadversarial procedures and remedies set forth in this chapter, regardless of whether the builder’s own alternative nonadversarial contractual provisions are successful in resolving the dispute or ultimately deemed enforceable.At the time the sales agreement is executed, the builder shall notify the homeowner whether the builder intends to engage in the nonadversarial procedure of this section or attempt to enforce alternative nonadversarial contractual provisions. If the builder elects to use alternative nonadversarial contractual provisions in lieu of this chapter, the election is binding, regardless of whether the builder’s alternative nonadversarial contractual provisions are successful in resolving the ultimate dispute or are ultimately deemed enforceable.(b) Nothing in this title is intended to affect existing statutory or decisional law pertaining to the applicability, viability, or enforceability of alternative dispute resolution methods, alternative remedies, or contractual arbitration, judicial reference, or similar procedures requiring a binding resolution to enforce the other chapters of this title or any other disputes between homeowners and builders. Nothing in this title is intended to affect the applicability, viability, or enforceability, if any, of contractual arbitration or judicial reference after a nonadversarial procedure or provision has been completed.(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
CA Civ Code § 915 (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 915.

915.  If a builder fails to acknowledge receipt of the notice of a claim within the time specified, elects not to go through the process set forth in this chapter, or fails to request an inspection within the time specified, or at the conclusion or cessation of an alternative nonadversarial proceeding, this chapter does not apply and the homeowner is released from the requirements of this chapter and may proceed with the filing of an action. However, 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 § 917 (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 917.

917.  Within 30 days of the initial or, if requested, second inspection or testing, the builder may offer in writing to repair the violation. The offer to repair shall also compensate the homeowner for all applicable damages recoverable under Section 944, within the timeframe for the repair set forth in this chapter. Any such offer shall be accompanied by a detailed, specific, step-by-step statement identifying the particular violation that is being repaired, explaining the nature, scope, and location of the repair, and setting a reasonable completion date for the repair. The offer shall also include the names, addresses, telephone numbers, and license numbers of the contractors whom the builder intends to have perform the repair. Those contractors shall be fully insured for, and shall be responsible for, all damages or injuries that they may cause to occur during the repair, and evidence of that insurance shall be provided to the homeowner upon request. Upon written request by the homeowner or his or her legal representative, and within the timeframes set forth in this chapter, the builder shall also provide any available technical documentation, including, without limitation, plans and specifications, pertaining to the claimed violation within the particular home or development tract. The offer shall also advise the homeowner in writing of his or her right to request up to three additional contractors from which to select to do the repair pursuant to this chapter.(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
CA Civ Code § 918 (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 918.

918.  Upon receipt of the offer to repair, the homeowner shall have 30 days to authorize the builder to proceed with the repair. The homeowner may alternatively request, at the homeowner’s sole option and discretion, that the builder provide the names, addresses, telephone numbers, and license numbers for up to three alternative contractors who are not owned or financially controlled by the builder and who regularly conduct business in the county where the structure is located. If the homeowner so elects, the builder is entitled to an additional noninvasive inspection, to occur at a mutually convenient date and time within 20 days of the election, so as to permit the other proposed contractors to review the proposed site of the repair. Within 35 days after the request of the homeowner for alternative contractors, the builder shall present the homeowner with a choice of contractors. Within 20 days after that presentation, the homeowner shall authorize the builder or one of the alternative contractors to perform the repair.(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
CA Civ Code § 919 (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 919.

919.  The offer to repair shall also be accompanied by an offer to mediate the dispute if the homeowner so chooses. The mediation shall be limited to a four-hour mediation, 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 occurs within 15 days after the request to mediate is received and occurs at a mutually convenient location within the county where the action is pending. If a builder has made an offer to repair a violation, and the mediation has failed to resolve the dispute, the homeowner shall allow the repair to be performed either by the builder, its contractor, or the selected contractor.(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
CA Civ Code § 920 (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 920.

920.  If the builder fails to make an offer to repair or otherwise strictly comply with this chapter within the times specified, the claimant is released from the requirements of this chapter and may proceed with the filing of an action. If the contractor performing the repair does not complete the repair in the time or manner specified, the claimant may file an action. If this occurs, the standards set forth in the other chapters of this part shall continue to apply to the action.(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
CA Civ Code § 921 (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 921.

921.  (a) In the event that a resolution under this chapter involves a repair by the builder, the builder shall make an appointment with the claimant, make all appropriate arrangements to effectuate a repair of the claimed unmet standards, and compensate the homeowner for all damages resulting therefrom free of charge to the claimant. The repair shall be scheduled through the claimant’s legal representative, if any, unless he or she is unavailable during the relevant time periods. The repair shall be commenced on a mutually convenient date within 14 days of acceptance or, if an alternative contractor is selected by the homeowner, within 14 days of the selection, or, if a mediation occurs, within seven days of the mediation, or within five days after a permit is obtained if one is required. The builder shall act with reasonable diligence in obtaining any such permit.(b) The builder shall ensure that work done on the repairs is done with the utmost diligence, and that the repairs are completed as soon as reasonably possible, subject to the nature of the repair or some unforeseen event not caused by the builder or the contractor performing the repair. Every effort shall be made to complete the repair within 120 days.(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)