Chapter 5. Procedure - California Civil Code 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.

Section: 941  942  943  944  945  945.5  Next

Last modified: February 16, 2015