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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.

If you believe your home or building is experiencing damage from defective construction or design, the best advice is to consult with a knowledgable attorney immediately. Delay is making an appropriate claim may result in the complete defense of your claim, even if the problems are clearly caused by the negligence of the builder or developer.

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