|
Event
|
- HOA Response
|
Deadline
|
|
| Determine Substantial Completion
Date of Project re Statutes of Repose |
Check available records |
Immediately upon notice of defects |
|
| Obtain Opinion on Type and
Extent of Damages |
Consult Attorney/Specialist in construction
defects |
Prior to sending notice to contractor
of defects |
|
| Send Written Notice of
Construction
Defect Claim |
Prepare and send written notice to builder/include
expert opinion |
Prior to the running of any applicable
statute of limitation or repose |
|
| HOA Board Makes Site Available
for Testing and inspections |
Complete testing and inspections |
Within 95 days after Contractor receives
notice |
|
| Contractor May Make Written
Offer of Settlement |
Determine whether offer complies |
Within 105 days after Contractor receives
notice/ HOA must respond within 25 days of receipt |
|
| Settlement Offer Made |
Present offer to association members |
Within 25 days of receipt from the
builder |
|
| Settlement Offer Rejected |
Choose Mediator |
Immediately upon receipt of offer |
|
| Mediator Not Agreed Upon
Within 45 days |
Petition for appointment of mediator |
After 45 days from HOA's first selection
of mediator |
|
| Mediation |
Prepare for and attend mediation |
Within 60 days after matter submitted
to mediator |
|
| Lawsuit |
Decide whether to petition court for
appointment of special master |
Within 30 days after completion of mediation
if statute of limitations/reposeis an issue |
|
For more legislation information, see the California Legislation Web Site at http://www.leginfo.ca.gov.CONSTRUCTION
DEFECT, CONSTRUCTION LAW, CONSTRUCTION DEFECT LAW, constructiondefects,
construction defects, property, patent, latent, defect litigation,
settlement, management, trial, discovery, experts, architectural,
geotechnical, soil, structure, retaining counsel, Status of
Limitations, sub general contractor, remedies, legislation,
insurance, indicators problems, cracks
© Copyright 2008 The Miller Law Firm. All rights Reserved.
If you experience problems or have questions, contact us at Info@ConstructionDefects.com.
|
