Santa Clara California Complaint for Defective Home Construction, Defective Design

Name: Santa Clara California Complaint for Defective Home Construction, Defective Design
Brand: US Legal Forms
Rating: 4.81 (450 reviews)

Category:

Civil Actions - Complaints - Construction Contractors

State:

Multi-State

County:

Santa Clara

Control #:

US-CMP-10002

Format:

Instant download

Description

This form is a Complaint. Plaintiffs allege that defendants are liable for damages for breach of an implied warranty of merchantability. Plaintiffs demand compensatory damages and punitive damages from the defendants, plus prejudgment interest.

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FAQ

In these circumstances, a contractor can be liable even if he has stipulated that all reasonable precautions should be taken by the independent contractor. Consequently, it will be an option to sue the contractor for the work of the subcontractor who will in turn pursue the subcontractor.

North Carolina has a three-year statute of limitations period on actions for breach of contract and negligence. This means that claims based on a contract with the builder must be brought within this period, or they are barred.

Contractor And Developer Liability For Construction Defects The contractor's obligations are laid out in the construction contract. He is the one responsible for performing the work as it needs to be done. This includes hiring the subcontractors who perform specific tasks.

Under California law, the builder must provide a limited warranty, in writing, as to "fit and finish" items (including the quality completion of cabinets, flooring, mirrors, walls, countertops, and paint finishes, both inside and out). This warranty must last at least one year from the close of escrow (see Cal.

It is important to note that the 3-year statute of limitations for actions for damage to real property and fraud still apply, and one must bring a claim within 3 years of the discovery of either damage to real property, which includes virtually all construction defects, and discovery of fraud.

In general terms, a contractor is responsible for planning, leading, executing, supervising and inspecting a building construction project.

It is section 14A of the Limitation Act 1980 that is relevant for the purposes of establishing limitation for latent defect claims. A claim cannot be brought after the expiration of either: Six years from the date on which the cause of action accrued; or.

It is the owner's responsibility to provide complete and accurate relevant data, as may become necessary for correct installation of the work. The contractor is typically responsible for the correct layout and execution of the work.

In accordance to California civil law, the contractor is liable for a stated minimum standard of construction for 10 years after building even if the house has been sold to new owners. However, certain defects can only be claimed for 1 or 4 years after completion.

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Santa Clara California Complaint for Defective Home Construction, Defective Design

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How to fill out Santa Clara California Complaint For Defective Home Construction, Defective Design?

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FAQ

Can a homeowner sue a subcontractor UK?

How long is a builder liable for his work in NC?

Who is responsible for construction problems?

How long does a builder have to warranty a house in California?

What is the statute of limitations on construction defects in California?

Who is responsible for the construction?

How long can you claim a latent defect?

What is the owner's role in the construction process?

How long is a builder liable for his work in California?

Interesting Questions

What is a Santa Clara Complaint for Defective Home Construction?

What does 'defective home construction' mean?

What is a Santa Clara Complaint for Defective Design?

What does 'defective design' mean?

What should I do if I suspect my home has construction defects or design flaws?

What compensation can I seek through a Santa Clara Complaint for Defective Home Construction or Defective Design?

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