2019-10-09 - Stockstill, Ray - CA Civil Codes 895 through 945_5From: Ray Stockstill <scnbeach@earthlink.net>
Sent: Wednesday, October 9, 2019 3:05 AM
To: Amy Yu
Cc: AJ Ortega
Subject: CA Civil Codes 895 through 945.5
Attachments: CCCSEC895to945(2).pdf
EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening
attachments, clicking links or responding to requests for information.
In 2003 California replaced traditional codes related to new homes to functional codes referred to SB800
and/or the Fix -It codes. They are technically CA Civil Codes 895 through 945.5. There are applicable functional
codes related to water, the drain and the doors, which are below. I've also included information from the
insurance report. It is undisputed that rainwater entered the house from the courtyard and caused over
$100,000 in damage but the flood elevation in the front yard never breached the one foot of freeboard. The
front yard freeboard didn't address the risk of property damage from the courtyard. Whatever the rate of rainfall
is on any day that it rains at my home, more than 8 times that enters the courtyard. Is it good engineering
practice to include freeboard in the design criteria for the courtyard drainage system or is it unnecessary? If
you don't include it, could an insurer use that as a reason to deny coverage and/or to successfully subrogate
with the FOR to recover their losses since freeboard is on the City's standards found on your precise grading
plan checklist?
California Civil Codes 895 through 945.5 (pre-litigation/right to repair/performance based codes)
California Civil Code 896
896. In any action seeking recovery of damages arising out of, or related to deficiencies in, the residential
construction, design, specifications, surveying, planning, supervision, testing, or observation of construction, a
builder, and to the extent set forth in Chapter 4 (commencing with Section 910), a general contractor,
subcontractor, material supplier, individual product manufacturer, or design professional, shall, except as
specifically set forth in this title, be liable for, and the claimant's claims or causes of action shall be limited to
violation of, the following standards, except as specifically set forth in this title. This title applies to original
construction intended to be sold as an individual dwelling unit. As to condominium conversions, this title does
not apply to or does not supersede any other statutory or common law. (a) With respect to water issues: (1) A
door shall not allow unintended water to pass beyond, around, or through the door or its designed or actual
moisture barriers, if any. (2) Windows, patio doors, deck doors, and their systems shall not allow water to pass
beyond, around, or through the window, patio door, or deck door or its designed or actual moisture barriers,
including, without limitation, internal barriers within the systems themselves. For purposes of this paragraph,
"systems" include, without limitation, windows, window assemblies, framing, substrate, flashings, and trim, if
any. (3) Windows, patio doors, deck doors, and their systems shall not allow excessive condensation to enter
the structure and cause damage to another component. For purposes of this paragraph, "systems" include,
without limitation, windows, window assemblies, framing, substrate, flashings, and trim, if any. (4) Roofs,
roofing systems, chimney caps, and ventilation components shall not allow water to enter the structure or to
pass beyond, around, or through the designed or actual moisture barriers, including, without limitation, internal
barriers located within the systems themselves. For purposes of this paragraph, "systems" include, without
limitation, framing, substrate, and sheathing, if any. (5) Decks, deck systems, balconies, balcony systems,
exterior stairs, and stair systems shall not allow water to pass into the adjacent structure. For purposes of this
paragraph, "systems" include, without limitation, framing, substrate, flashing, and sheathing, if any. (6) Decks,
deck systems, balconies, balcony systems, exterior stairs, and stair systems shall not allow unintended water
to pass within the systems themselves and cause damage to the systems. For purposes of this paragraph,
"systems" include, without limitation, framing, substrate, flashing, and sheathing, if any. (7) Foundation
systems and slabs shall not allow water or vapor to enter into the structure so as to cause damage to another
building component. (8) Foundation systems and slabs shall not allow water or vapor to enter into the structure
so as to limit the installation of the type of flooring materials typically used for the particular application. (9)
Hardscape, including paths and patios, irrigation systems, landscaping systems, and drainage systems, that
are installed as part of the original construction, shall not be installed in such a way as to cause water or soil
erosion to enter into or come in contact with the structure so as to cause damage to another building
component.
California Civil Code 942 - Applicable Evidentiary Standard for the alleged violations of California Civil
Code 896
Interinsurance Exchange of the Automobile Club (Exchange)
Date of loss: September 8, 2014
September 19, 2014 - "As per our September 12, 2014 letter, our investigation revealed that water entered
your home through the bottom of the French doors located at your interior patio. This rain water entered your
home because it was unable to drain through the interior courtyard drainage system.
From: Ray Stockstill [mailto:scnbeach@earthlink.net]
Sent: Tuesday, October 08, 2019 3:52 PM
To: ayu@laquintaca.gov
Cc: aortega@laquintaca.gov
Subject: FW: question from Ray Stockstill
Figure 1 — From 0" to 4 " in this picture is the foundation. There is a black aluminum angle or flange protecting
the surface of the foundation.
Figure 2 — The side of the foundation below the flange has stucco covering it. Some amount of rainwater will
pool in the courtyard during a 100 year storm. That pooled rainwater has a surface water elevation. Rainwater
will be in contact with the foundation during almost any rain event. The freeboard requirement in the front of the
house is independent to this situation. On September 8, 2014 rainwater entered the home from the courtyard.
Based on the lack of flood debris, it didn't look like the flood elevation made it to my grass. The freeboard from
the front yard did not protect the pad from the exposure in the courtyard.
Figure 3 — I wasn't in La Quinta during the event. I met an ER contractor the following morning at the home.
This was taken upon arrival. There is nothing to suggest that the water breached the street and got up onto my
lawn.
3
Figure 4 — This is how we found the only drain grate in the courtyard when we entered it the morning after the
event. The question we have is whether including a freeboard requirement in our new design is good
engineering practice or is it unnecessary?
Figure 5 — The pool was clean so there was no flooding in the backyard. We are past all these issues and
down to whether it is good engineering practice to include freeboard in the new drainage system's design.
Thank you for your assistance with this.
Ray Stockstill
949-622-90232
From: Amy Yu [mailto:Ayu@laquintaca.gov]
Sent: Monday, October 07, 2019 2:03 PM
To: Ray Stockstill
Cc: A] Ortega
Subject: RE: question from Ray Stockstill
Hi Ray,
Yes, Multi -unit Family PUD typically requires onsite retention and has parking lots similar to a commercial
project.
Sincerely,
4Q"«1a
— CALIFORNIA
Amy Yu I Associate Engineer
Design and Development
City of La Quinta
78495 Calle Tampico - La
Ph. 760.777.7047
www.laquintaca._ov
www.playinlaquinta.com
From: Ray Stockstill <scnbeach@earthlink.net>
Sent: Monday, October 07, 2019 5:30 AM
To: AJ Ortega <Aortega@laquintaca.gov>
Cc: Amy Yu <Ayu@laquintaca.gov>
Subject: question from Ray Stockstill
AJ ,
Quinta, CA 92253
The applicable precise grading plan checklist for my home in La Quinta is City of La Quinta Public Works
Department - Commercial Precise Grading Plan Review Checklist (Includes Multi -Unit Family PUD Precise
Grading). The precise grading plan checklist also references specific Engineering Bulletins and the City of La
Quinta Public Works Department - Storm Drain Plan Review Checklist. I assume all apply to both commercial
developments and PUDs. They use the term "pad". I know that a "pad" is the top on the foundation. I assume
"pad" can be an individual commercial building's pad or an individual home's pad. I have a curiosity question.
Why did the City lump commercial developments and PUDs into a single precise grading plan checklist? Was it
because the City requires both new commercial projects and new PUDs to manage storm water onsite using
onsite retention basins?
Thanks.
Ray Stockstill
CALIFORNIA CIVIL CODE SECTIONS 895 to 945.5
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 such.
(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 subdivision
(a) of Section 1351, "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 subdivision (a) of Section 1351.
896. In any action seeking recovery of damages arising out of, or related to deficiencies
in, the residential construction, design, specifications, surveying, planning, supervision,
testing, or observation of construction, a builder, and to the extent set forth in Chapter
4 (commencing with Section 910), a general contractor, subcontractor, material supplier,
individual product manufacturer, or design professional, shall, except as specifically set
forth in this title, be liable for, and the claimant's claims or causes of action shall be
limited to violation of, the following standards, except as specifically set forth in this
title. This title applies to original construction intended to be sold as an individual
dwelling unit. As to condominium conversions, this title does not apply to or does not
supersede any other statutory or common law.
(a) With respect to water issues:
(1) A door shall not allow unintended water to pass beyond, around, or through the door
or its designed or actual moisture barriers, if any.
(2) Windows, patio doors, deck doors, and their systems shall not allow water to pass
beyond, around, or through the window, patio door, or deck door or its designed or actual
moisture barriers, including, without limitation, internal barriers within the systems
themselves. For purposes of this paragraph, "systems" include, without limitation,
windows, window assemblies, framing, substrate, flashings, and trim, if any.
(3) Windows, patio doors, deck doors, and their systems shall not allow excessive
condensation to enter the structure and cause damage to another component. For purposes of
this paragraph, "systems" include, without limitation, windows, window assemblies, framing,
substrate, flashings, and trim, if any.
(4) Roofs, roofing systems, chimney caps, and ventilation components shall not allow
water to enter the structure or to pass beyond, around, or through the designed or actual
moisture barriers, including, without limitation, internal barriers located within the
systems themselves. For purposes of this paragraph, "systems" include, without limitation,
framing, substrate, and sheathing, if any.
(5) Decks, deck systems, balconies, balcony systems, exterior stairs, and stair systems
shall not allow water to pass into the adjacent structure. For purposes of this paragraph,
"systems" include, without limitation, framing, substrate, flashing, and sheathing, if any.
(6) Decks, deck systems, balconies, balcony systems, exterior stairs, and stair systems
shall not allow unintended water to pass within the systems themselves and cause damage to
the systems. For purposes of this paragraph, "systems" include, without limitation,
framing, substrate, flashing, and sheathing, if any.
(7) Foundation systems and slabs shall not allow water or vapor to enter into the
structure so as to cause damage to another building component.
(8) Foundation systems and slabs shall not allow water or vapor to enter into the
structure so as to limit the installation of the type of flooring materials typically used
for the particular application.
(9) Hardscape, including paths and patios, irrigation systems, landscaping systems, and
drainage systems, that are installed as part of the original construction, shall not be
installed in such a way as to cause water or soil erosion to enter into or come in contact
with the structure so as to cause damage to another building component.
(10) Stucco, exterior siding, exterior walls, including, without limitation, exterior
framing, and other exterior wall finishes and fixtures and the systems of those components
and fixtures, including, but not limited to, pot shelves, horizontal surfaces, columns, and
plant-ons, shall be installed in such a way so as not to allow unintended water to pass
into the structure or to pass beyond, around, or through the designed or actual moisture
barriers of the system, including any internal barriers located within the system itself.
California Civil Code Sections 895 to 945.5
For purposes of this paragraph, "systems" include, without limitation, framing, substrate,
flashings, trim, wall assemblies, and internal wall cavities, if any.
(11) Stucco, exterior siding, and exterior walls shall not allow excessive condensation
to enter the structure and cause damage to another component. For purposes of this
paragraph, "systems" include, without limitation, framing, substrate, flashings, trim, wall
assemblies, and internal wall cavities, if any.
(12) Retaining and site walls and their associated drainage systems shall not allow
unintended water to pass beyond, around, or through its designed or actual moisture
barriers including, without limitation, any internal barriers, so as to cause damage. This
standard does not apply to those portions of any wall or drainage system that are designed
to have water flow beyond, around, or through them.
(13) Retaining walls and site walls, and their associated drainage systems, shall only
allow water to flow beyond, around, or through the areas designated by design.
(14) The lines and components of the plumbing system, sewer system, and utility systems
shall not leak.
(15) Plumbing lines, sewer lines, and utility lines shall not corrode so as to impede
the useful life of the systems.
(16) Sewer systems shall be installed in such a way as to allow the designated amount of
sewage to flow through the system.
(17) Shower and bath enclosures shall not leak water into the interior of walls,
flooring systems, or the interior of other components.
(18) Ceramic tile and tile countertops shall not allow water into the interior of walls,
flooring systems, or other components so as to cause damage.
(b) With respect to structural issues:
(1) Foundations, load bearing components, and slabs, shall not contain significant
cracks or significant vertical displacement.
(2) Foundations, load bearing components, and slabs shall not cause the structure, in
whole or in part, to be structurally unsafe.
(3) Foundations, load bearing components, and slabs, and underlying soils shall be
constructed so as to materially comply with the design criteria set by applicable
government building codes, regulations, and ordinances for chemical deterioration or
corrosion resistance in effect at the time of original construction.
(4) A structure shall be constructed so as to materially comply with the design criteria
for earthquake and wind load resistance, as set forth in the applicable government building
codes, regulations, and ordinances in effect at the time of original construction.
(c) With respect to soil issues:
(1) Soils and engineered retaining walls shall not cause, in whole or in part, damage to
the structure built upon the soil or engineered retaining wall.
(2) Soils and engineered retaining walls shall not cause, in whole or in part, the
structure to be structurally unsafe.
(3) Soils shall not cause, in whole or in part, the land upon which no structure is
built to become unusable for the purpose represented at the time of original sale by the
builder or for the purpose for which that land is commonly used.
(d) With respect to fire protection issues:
(1) A structure shall be constructed so as to materially comply with the design criteria
of the applicable government building codes, regulations, and ordinances for fire
protection of the occupants in effect at the time of the original construction.
(2) Fireplaces, chimneys, chimney structures, and chimney termination caps shall be
constructed and installed in such a way so as not to cause an unreasonable risk of fire
outside the fireplace enclosure or chimney.
(3) Electrical and mechanical systems shall be constructed and installed in such a way
so as not to cause an unreasonable risk of fire.
(e) With respect to plumbing and sewer issues:
Plumbing and sewer systems shall be installed to operate properly and shall not
materially impair the use of the structure by its inhabitants. However, no action may be
brought for a violation of this subdivision more than four years after close of escrow.
(f) With respect to electrical system issues:
Electrical systems shall operate properly and shall not materially impair the use of the
structure by its inhabitants. However, no action shall be brought pursuant to this
subdivision more than four years from close of escrow.
(g) With respect to issues regarding other areas of construction:
(1) Exterior pathways, driveways, hardscape, sidewalls, sidewalks, and patios installed
by the original builder shall not contain cracks that display significant vertical
displacement or that are excessive. However, no action shall be brought upon a violation
of this paragraph more than four years from close of escrow.
W
California Civil Code Sections 895 to 945.5
(2) Stucco, exterior siding, and other exterior wall finishes and fixtures, including,
but not limited to, pot shelves, horizontal surfaces, columns, and plant-ons, shall not
contain significant cracks or separations.
(3) (A) To the extent not otherwise covered by these standards, manufactured products,
including, but not limited to, windows, doors, roofs, plumbing products and fixtures,
fireplaces, electrical fixtures, HVAC units, countertops, cabinets, paint, and appliances
shall be installed so as not to interfere with the products' useful life, if any.
(B) For purposes of this paragraph, "useful life" means a representation of how long a
product is warranted or represented, through its limited warranty or any written
representations, to last by its manufacturer, including recommended or required
maintenance.
If there is no representation by a manufacturer, a builder shall install manufactured
products so as not to interfere with the product's utility.
(C) For purposes of this paragraph, "manufactured product" means a product that is
completely manufactured offsite.
(D) If no useful life representation is made, or if the representation is less than one
year, the period shall be no less than one year. If a manufactured product is damaged as a
result of a violation of these standards, damage to the product is a recoverable element of
damages. This subparagraph does not limit recovery if there has been damage to another
building component caused by a manufactured product during the manufactured product's
useful life.
(E) This title does not apply in any action seeking recovery solely for a defect in a
manufactured product located within or adjacent to a structure.
(4) Heating, if any, shall be installed so as to be capable of maintaining a room
temperature of 70 degrees Fahrenheit at a point three feet above the floor in any living
space.
(5) Living space air-conditioning, if any, shall be provided in a manner consistent with
the size and efficiency design criteria specified in Title 24 of the California Code of
Regulations or its successor.
(6) Attached structures shall be constructed to comply with interunit noise transmission
standards set by the applicable government building codes, ordinances, or regulations in
effect at the time of the original construction. If there is no applicable code,
ordinance, or regulation, this paragraph does not apply. However, no action shall be
brought pursuant to this paragraph more than one year from the original occupancy of the
adjacent unit.
(7) Irrigation systems and drainage shall operate properly so as not to damage
landscaping or other external improvements. However, no action shall be brought pursuant
to this paragraph more than one year from close of escrow.
(8) Untreated wood posts shall not be installed in contact with soil so as to cause
unreasonable decay to the wood based upon the finish grade at the time of original
construction. However, no action shall be brought pursuant to this paragraph more than two
years from close of escrow.
(9) Untreated steel fences and adjacent components shall be installed so as to prevent
unreasonable corrosion. However, no action shall be brought pursuant to this paragraph
more than four years from close of escrow.
(10) Paint and stains shall be applied in such a manner so as not to cause deterioration
of the building surfaces for the length of time specified by the paint or stain
manufacturers' representations, if any. However, no action shall be brought pursuant to
this paragraph more than five years from close of escrow.
(11) Roofing materials shall be installed so as to avoid materials falling from the
roof.
(12) The landscaping systems shall be installed in such a manner so as to survive for
not less than one year. However, no action shall be brought pursuant to this paragraph
more than two years from close of escrow.
(13) Ceramic tile and tile backing shall be installed in such a manner that the tile
does not detach.
(14) Dryer ducts shall be installed and terminated pursuant to manufacturer installation
requirements. However, no action shall be brought pursuant to this paragraph more than two
years from close of escrow.
(15) Structures shall be constructed in such a manner so as not to impair the occupants'
safety because they contain public health hazards as determined by a duly authorized public
health official, health agency, or governmental entity having jurisdiction. This paragraph
does not limit recovery for any damages caused by a violation of any other paragraph of
this section on the grounds that the damages do not constitute a health hazard.
3
California Civil Code Sections 895 to 945.5
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.
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.
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."
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.
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.
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).
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.
al
California Civil Code Sections 895 to 945.5
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.
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.
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.
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.
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 shall provide copies of all relevant plans, specifications,
mass or rough grading plans, final soils reports, Department of Real Estate public reports,
and available engineering calculations, that pertain to a homeowner's residence
specifically or as part of a larger development tract. The request shall be honored if it
states that it is made relative to structural, fire safety, or soils provisions of this
title. However, a builder is not obligated to provide a copying service, and reasonable
copying costs shall be borne by the requesting party. A builder may require that the
documents be copied onsite by the requesting party, except that the homeowner may, at his
or her option, use his or her own copying service, which may include an offsite copy
facility that is bonded and insured. If a builder can show that the builder maintained the
documents, but that they later became unavailable due to loss or destruction that was not
the fault of the builder, the builder may be excused from the requirements of this
subdivision, in which case the builder shall act with reasonable diligence to assist the
homeowner in obtaining those documents from any applicable government authority or from the
source that generated the document. However, in that case, the time limits specified by
this section do not apply.
5
California Civil Code Sections 895 to 945.5
(b) At the expense of the homeowner, who may opt to use an offsite copy facility that is
bonded and insured, the builder shall provide to the homeowner or his or her legal
representative copies of all maintenance and preventative maintenance recommendations that
pertain to his or her residence within 30 days of service of a written request for those
documents. Those documents shall also be provided to the homeowner in conjunction with the
initial sale of the residence.
(c) At the expense of the homeowner, who may opt to use an offsite copy facility that is
bonded and insured, a builder shall provide to the homeowner or his or her legal
representative copies of all manufactured products maintenance, preventive maintenance, and
limited warranty information within 30 days of a written request for those documents.
These documents shall also be provided to the homeowner in conjunction with the initial
sale of the residence.
(d) At the expense of the homeowner, who may opt to use an offsite copy facility that is
bonded and insured, a builder shall provide to the homeowner or his or her legal
representative copies of all of the builder's limited contractual warranties in accordance
with this part in effect at the time of the original sale of the residence within 30 days
of a written request for those documents. Those documents shall also be provided to the
homeowner in conjunction with the initial sale of the residence.
(e) A builder shall maintain the name and address of an agent for notice pursuant to
this chapter with the Secretary of State or, alternatively, elect to use a third party for
that notice if the builder has notified the homeowner in writing of the third party's name
and address, to whom claims and requests for information under this section may be mailed.
The name and address of the agent for notice or third party shall be included with the
original sales documentation and shall be initialed and acknowledged by the purchaser and
the builder's sales representative.
This subdivision applies to instances in which a builder contracts with a third party to
accept claims and act on the builder's behalf A builder shall give actual notice to the
homeowner that the builder has made such an election, and shall include the name and
address of the third party.
(f) A builder shall record on title a notice of the existence of these procedures and a
notice that these procedures impact the legal rights of the homeowner. This information
shall also be included with the original sales documentation and shall be initialed and
acknowledged by the purchaser and the builder's sales representative.
(g) A builder shall provide, with the original sales documentation, a written copy of
this title, which shall be initialed and acknowledged by the purchaser and the builder's
sales representative.
(h) As to any documents provided in conjunction with the original sale, the builder
shall instruct the original purchaser to provide those documents to any subsequent
purchaser.
(i) Any builder who fails to comply with any of these requirements within the time
specified is not entitled to the protection of this chapter, and the homeowner is released
from the requirements of this chapter and may proceed with the filing of an action, in
which case the remaining chapters of this part shall continue to apply to the action.
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.
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
no
California Civil Code Sections 895 to 945.5
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.
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.
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 receipt
of the notice of the claim, at a mutually convenient date and time. If the homeowner has
retained legal representation, the inspection shall be scheduled with the legal
representative's office at a mutually convenient date and time, unless the legal
representative is unavailable during the relevant time periods. All costs of builder
inspection and testing, including any damage caused by the builder inspection, shall be
borne by the builder. The builder shall also provide written proof that the builder has
liability insurance to cover any damages or injuries occurring during inspection and
testing. The builder shall restore the property to its pretesting condition within 48
hours of the testing. The builder shall, upon request, allow the inspections to be
observed and electronically recorded, videotaped, or photographed by the claimant or his or
her legal representative.
(b) Nothing that occurs during a builder's or claimant's inspection or testing may be
used or introduced as evidence to support a spoliation defense by any potential party in
any subsequent litigation.
(c) If a builder deems a second inspection or testing reasonably necessary, and
specifies the reasons therefore in writing within three days following the initial
inspection, the builder may conduct a second inspection or testing. A second inspection or
testing shall be completed within 40 days of the initial inspection or testing. All
requirements concerning the initial inspection or testing shall also apply to the second
inspection or testing.
(d) If the builder fails to inspect or test the property within the time specified, the
claimant is released from the requirements of this section 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.
(e) If a builder intends to hold a subcontractor, design professional, individual
product manufacturer, or material supplier, including an insurance carrier, warranty
company, or service company, responsible for its contribution to the unmet standard, the
builder shall provide notice to that person or entity sufficiently in advance to allow them
to attend the initial, or if requested, second inspection of any alleged unmet standard and
to participate in the repair process. The claimant and his or her legal representative, if
any, shall be advised in a reasonable time prior to the inspection as to the identity of
all persons or entities invited to attend. This subdivision does not apply to the builder's
insurance company. Except with respect to any claims involving a repair actually conducted
under this chapter, nothing in this subdivision shall be construed to relieve a
subcontractor, design professional, individual product manufacturer, or material supplier
of any liability under an action brought by a claimant.
California Civil Code Sections 895 to 945.5
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.
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.
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.
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.
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.
California Civil Code Sections 895 to 945.5
922. The builder shall, upon request, allow the repair to be observed and electronically
recorded, videotaped, or photographed by the claimant or his or her legal representative.
Nothing that occurs during the repair process may be used or introduced as evidence to
support a spoliation defense by any potential party in any subsequent litigation.
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
relating in any manner to the repairs.
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 offer, set forth with particularity in
writing the reasons, and the support for those reasons, for not repairing all claimed unmet
standards.
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 chapter and may proceed with
the filing of an action. If this occurs, the standards set forth in the other chapters of
this title shall continue to apply to the action.
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 of the repair, the claimant may proceed
with filing an action for violation of the applicable standard or for a claim of inadequate
repair, or both, including all applicable damages available under Section 944.
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 of any provision
of this title, or for a claim of inadequate repair, is extended from the time of the
original claim by the claimant to 100 days after the repair is completed, whether or not
the particular violation is the one being repaired. If the builder fails to acknowledge
the claim within the time specified, elects not to go through this statutory process, or
fails to request an inspection within the time specified, the time period for filing a
complaint or other legal remedies for violation of any provision of this title is extended
from the time of the original claim by the claimant to 45 days after the time for
responding to the notice of claim has expired. If the builder elects to attempt to enforce
its own nonadversarial procedure in lieu of the procedure set forth in this chapter, the
time period for filing a complaint or other legal remedies for violation of any provision
of this part is extended from the time of the original claim by the claimant to 100 days
after either the completion of the builder's alternative nonadversarial procedure, or 100
days after the builder's alternative nonadversarial procedure is deemed unenforceable,
whichever is later.
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 parties, the homeowner or his
or her legal representative shall request mediation in writing. The mediation shall be
limited to four hours, 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
will occur within 15 days after the request for mediation is received and shall occur at a
mutually convenient location within the county where the action is pending. In the event
that a mediation is used at this point, any applicable statutes of limitations shall be
tolled from the date of the request to mediate until the next court day after the mediation
is completed, or the 100-day period, whichever is later.
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 the offer, or he or she may
reject the offer and proceed with the filing of an action. If the latter occurs, the
standards of the other chapters of this title shall continue to apply to the action.
(b) The builder may obtain a reasonable release in exchange for the cash payment. The
builder may negotiate the terms and conditions of any reasonable release in terms of scope
and consideration in conjunction with a cash payment under this chapter.
9
California Civil Code Sections 895 to 945.5
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 in accordance with
this chapter, shall govern the rights and obligations under this title. If a builder fails
to act in accordance with this section within the timeframes mandated, unless extended by
the mutual agreement of the parties as evidenced by a postclaim written confirmation by the
affected homeowner demonstrating that he or she has knowingly and voluntarily extended the
statutory timeframe, the claimant may proceed with filing an action. If this occurs, the
standards of the other chapters of this title shall continue to apply to the action.
(b) If the claimant does not conform with the requirements of this chapter, the builder
may bring a motion to stay any subsequent court action or other proceeding until the
requirements of this chapter have been satisfied. The court, in its discretion, may award
the prevailing party on such a motion, his or her attorney's fees and costs in bringing or
opposing the motion.
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 fraud -
based claims, the claimed unmet standards shall be administered according to this part,
although evidence of the property in its unrepaired condition may be introduced to support
the respective elements of any such cause of action. As to any fraud -based claim, if the
fact that the property has been repaired under this chapter is deemed admissible, the trier
of fact shall be informed that the repair was not voluntarily accepted by the homeowner.
As to any class action claims that address solely the incorporation of a defective
component into a residence, the named and unnamed class members need not comply with this
chapter.
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 a
detached single family residence, in the same home, if the subsequently discovered claim is
for a violation of the same standard as that which has already been initiated by the same
claimant and the subject of a currently pending action, the claimant need not reinitiate
the process as to the same standard. In the case of an attached project, if the
subsequently discovered claim is for a violation of the same standard for a connected
component system in the same building as has already been initiated by the same claimant,
and the subject of a currently pending action, the claimant need not reinitiate this
process as to that standard.
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, the claimant may use the condition of
the property prior to the repair as the basis for contending that the repair work was
inappropriate, inadequate, or incomplete, or that the violation still exists. The claimant
need not show that the repair work resulted in further damage nor that damage has continued
to occur as a result of the violation.
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 repair
efforts undertaken by the builder, shall not be considered settlement communications or
offers of settlement and are not inadmissible in evidence on such a basis.
935. To the extent that provisions of this chapter are enforced and those provisions are
substantially similar to provisions in Section 1375 of the Civil Code, but an action is
subsequently commenced under Section 1375 of the Civil Code, the parties are excused from
performing the substantially similar requirements under Section 1375 of the Civil Code.
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 the extent that the general contractors, subcontractors, material
suppliers, individual product manufacturers, and design professionals caused, in whole or
in part, a violation of a particular standard as the result of a negligent act or omission
or a breach of contract. In addition to the affirmative defenses set forth in Section
945.5, a general contractor, subcontractor, material supplier, design professional,
individual product manufacturer, or other entity may also offer common law and contractual
defenses as applicable to any claimed violation of a standard. All actions by a claimant
or builder to enforce an express contract, or any provision thereof, against a general
10
California Civil Code Sections 895 to 945.5
contractor, subcontractor, material supplier, individual product manufacturer, or design
professional is preserved. Nothing in this title modifies the law pertaining to joint and
several liability for builders, general contractors, subcontractors, material suppliers,
individual product manufacturer, and design professionals that contribute to any specific
violation of this title. However, the negligence standard in this section does not apply
to any general contractor, subcontractor, material supplier, individual product
manufacturer, or design professional with respect to claims for which strict liability
would apply.
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 to affect the liability of
design professionals, including architects and architectural firms, for claims and damages
not covered by this title.
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, 2003.
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.
942. In order to make a claim for violation of the standards set forth in Chapter 2
(commencing with Section 896), a homeowner need only demonstrate, in accordance with the
applicable evidentiary standard, that the home does not meet the applicable standard,
subject to the affirmative defenses set forth in Section 945.5. No further showing of
causation or damages is required to meet the burden of proof regarding a violation of a
standard set forth in Chapter 2 (commencing with Section 896), provided that the violation
arises out of, pertains to, or is related to, the original construction.
943.(a) Except as provided in this title, no other cause of action for a claim covered by
this title or for damages recoverable under Section 944 is allowed. In addition to the
rights under this title, this title does not apply to any action by a claimant to enforce a
contract or express contractual provision, or any action for fraud, personal injury, or
violation of a statute. Damages awarded for the items set forth in Section 944 in such
other cause of action shall be reduced by the amounts recovered pursuant to Section 944 for
violation of the standards set forth in this title.
(b) As to any claims involving a detached single-family home, the homeowner's right to
the reasonable value of repairing any nonconformity is limited to the repair costs, or the
diminution in current value of the home caused by the nonconformity, whichever is less,
subject to the personal use exception as developed under common law.
11
California Civil Code Sections 895 to 945.5
944. If a claim for damages is made under this title, the homeowner is only entitled to
damages for the reasonable value of repairing any violation of the standards set forth in
this title, the reasonable cost of repairing any damages caused by the repair efforts, the
reasonable cost of repairing and rectifying any damages resulting from the failure of the
home to meet the standards, the reasonable cost of removing and replacing any improper
repair by the builder, reasonable relocation and storage expenses, lost business income if
the home was used as a principal place of a business licensed to be operated from the home,
reasonable investigative costs for each established violation, and all other costs or fees
recoverable by contract or statute.
945. The provisions, standards, rights, and obligations set forth in this title are
binding upon all original purchasers and their successors -in -interest. For purposes of
this title, associations and others having the rights set forth in Section 383 of the Code
of Civil Procedure shall be considered to be original purchasers and shall have standing to
enforce the provisions, standards, rights, and obligations set forth in this title.
945.5. A builder, general contractor, subcontractor, material supplier, individual product
manufacturer, or design professional, under the principles of comparative fault pertaining
to affirmative defenses, may be excused, in whole or in part, from any obligation, damage,
loss, or liability if the builder, general contractor, subcontractor, material supplier,
individual product manufacturer, or design professional, can demonstrate any of the
following affirmative defenses in response to a claimed violation:
(a) To the extent it is caused by an unforeseen act of nature which caused the structure
not to meet the standard. For purposes of this section an "unforeseen act of nature" means
a weather condition, earthquake, or manmade event such as war, terrorism, or vandalism, in
excess of the design criteria expressed by the applicable building codes, regulations, and
ordinances in effect at the time of original construction.
(b) To the extent it is caused by a homeowner's unreasonable failure to minimize or
prevent those damages in a timely manner, including the failure of the homeowner to allow
reasonable and timely access for inspections and repairs under this title. This includes
the failure to give timely notice to the builder after discovery of a violation, but does
not include damages due to the untimely or inadequate response of a builder to the
homeowner's claim.
(c) To the extent it is caused by the homeowner or his or her agent, employee, general
contractor, subcontractor, independent contractor, or consultant by virtue of their failure
to follow the builder's or manufacturer's recommendations, or commonly accepted homeowner
maintenance obligations. In order to rely upon this defense as it relates to a builder's
recommended maintenance schedule, the builder shall show that the homeowner had written
notice of these schedules and recommendations and that the recommendations and schedules
were reasonable at the time they were issued.
(d) To the extent it is caused by the homeowner or his or her agent's or an independent
third party's alterations, ordinary wear and tear, misuse, abuse, or neglect, or by the
structure's use for something other than its intended purpose.
(e) To the extent that the time period for filing actions bars the claimed violation.
(f) As to a particular violation for which the builder has obtained a valid release.
(g) To the extent that the builder's repair was successful in correcting the particular
violation of the applicable standard.
(h) As to any causes of action to which this statute does not apply, all applicable
affirmative defenses are preserved.
12