California Civil Code CHAPTER 4 - Prelitigation Procedure

• Section 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 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,...
• Section 912.
  A builder shall do all of the following:(a) Within 30 days of a written request by a homeowner or his or her legal representative, the builder...
• Section 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...
• Section 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,...
• Section 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...
• Section 916.
  (a) If a builder elects to inspect the claimed unmet standards, the builder shall complete the initial inspection and testing within 14 days after acknowledgment of...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...

Last modified: October 22, 2018