onecle - legal research

Court Opinions

State Laws

US Code

US Constitution

California Code of Civil Procedure Section 337.1

Legal Research Home > California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 337.1

337.1.  (a) Except as otherwise provided in this section, no action
shall be brought to recover damages from any person performing or
furnishing the design, specifications, surveying, planning,
supervision or observation of construction or construction of an
improvement to real property more than four years after the
substantial completion of such improvement for any of the following:
   (1) Any patent deficiency in the design, specifications,
surveying, planning, supervision or observation of construction or
construction of an improvement to, or survey of, real property;
   (2) Injury to property, real or personal, arising out of any such
patent deficiency; or
   (3) Injury to the person or for wrongful death arising out of any
such patent deficiency.
   (b) If, by reason of such patent deficiency, an injury to property
or the person or an injury causing wrongful death occurs during the
fourth year after such substantial completion, an action in tort to
recover damages for such an injury or wrongful death may be brought
within one year after the date on which such injury occurred,
irrespective of the date of death, but in no event may such an action
be brought more than five years after the substantial completion of
construction of such improvement.
   (c) Nothing in this section shall be construed as extending the
period prescribed by the laws of this state for the bringing of any
action.
   (d) The limitation prescribed by this section shall 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 such an improvement constitutes the proximate
cause of the injury or death for which it is proposed to bring an
action.
   (e) As used in this section, "patent deficiency" means a
deficiency which is apparent by reasonable inspection.
   (f) Subdivisions (a) and (b) shall not apply to any owner-occupied
single-unit residence.

Section: Previous  335  335.1  336  336a  337  337a  337.1  337.15  337.2  337.5  337.6  338  338.1  339  339.5  Next

Last modified: March 17, 2014