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February 2011 Archives

Study Shows West Coast Construction Backlog Smaller than in other Regions

A report released by the Associated Builders and Contractors indicates that the west has a construction backlog smaller than other regions of the country. As reported in the San Diego Daily Transcript, construction backlogs expanded in all sectors of the country during the past year except the west. An economist with the Associated Builders and Contractors attributes the contrast of the west with the rest of the country to projects enhanced by Federal stimulus dollars, especially in California. 

Don't Blow the Statute of Limitations for your Soil Movement or Construction Defect Claim

California has a complex set of rules when it comes to deadlines for commencing a claim for a design or construction defect. The general rule is as follows: California has a Statute that imposes an outside limit for filing a claim related to design or construction defects of ten years from the completion of the original construction. In other words, the latest date that a CD action generally may be filed is not later than ten years from the date of the Notice of Completion of the original construction. However, if a building owner discovers evidence of a defective condition, this may trigger a shorter time limit for filing an action. What constitutes "discovery" of the defect is a question of fact that is often hotly contested in CD litigation. However, if an owner is found to have known or discovered the defect within the ten year period, the deadline for pursuing a claim may be reduced to only three years. There are a number of secnarios that may result in the time limit being extended, either by actions of the builder or developer, or by the owner making a claim pursuant to Right to Repair Statute.


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