Originally Posted By: jpope
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|California Bill Introduction?AB 941
AB 941 outlines the pre-litigation procedures for dealing with construction defects. Current California law only outlines construction defect procedures for residential units sold after January 1, 2003. This bill would create a procedure for all residential homes, and states the rights and requirements of a homeowner to bring an action of a construction defect.
AB 941 would require the homeowner to provide a notice to the contractor with specific information regarding the defect. Within 30 days after receiving this claim the builder may offer to settle the claim by monetary payment and/or the making of repairs, or the builder may propose to inspect the dwelling that is the subject of the claim. If the builder chooses to inspect the property, the claimant must within 60 days provide the builder and its subcontractors, agents, experts and consultants prompt and complete access to the dwelling. If the builder deems a second inspection necessary, he or she must provide notice to the claimant within ten days following the initial inspection. The builder and any other potentially responsible party may jointly conduct a second inspection, which must be completed within 40 days of the initial inspection. Within 14 days of the completion of either inspection, the builder must send the claimant either a written offer to remedy the defect at no cost, an offer to settle the claim by monetary payment, an offer to both remedy and provide monetary payment, or an offer stating the builder will not proceed further to remedy the defect. Any offer shall be accompanied by a detailed, specific statement identifying the particular defect, explaining the nature, scope, location of the defect, and reasonable completion date to remedy the defect. The bill goes into further detail about the procedures following the inspection process.
AB 941 was introduced by Representative Canciamilla and read for the first time on February 18.
Here is a link to the bill for reference:
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