C4-KS53

Question 1

Describe the Contractors Minimum Warranty Periods

Answer 1

Review AIA Document, A201 General Conditions — Article 12.2.2 After Substantial Completion

Contractor must correct any work found not to be in compliance with Contract Documents within 1 year of Substantial Completion.

Question 2

Statute of Limitations — for Professional Liability (relating to the providing of professional services) Statute of Limitations is governed under what California Code?

Answer 2

The California Code of Civil Procedure

Latent (10 years)

or

Patent (4 years)

(still remember the list of 29 Codes we covered back in Knowledge Statement #17?)

Question 3

What is the meaning of patent? What is the statue of liimitations as it relates to patent?

Answer 3

Section 337.1 — applicable to patent (visible or apparent by reasonable inspection)

“Except as otherwise provided in this section, no action shall be brought to recover damages from any person performing or furnishing the design, specifications, surveying, planning, supervision or observation of construction or construction of an improvement to real property more than four years after the substantial completion of such improvement for any of the
following:

(1) Any patent deficiency in the design, specifications, surveying, planning, supervision or
observation of construction or construction of an improvement to, or survey of, real property;…
- Excerpt from Section 337.1 California Code of Civil Procedure

Question 4

What is the meaning of latent? What is the statue of limitations as it relates to latent?

Answer 4

Section 337.15 — applicable to latent (hidden by reasonable inspection)

“Except as otherwise provided in this section, no action shall be brought to recover damages from any person performing or furnishing the design, specifications, surveying, planning, supervision or observation of construction or construction of an improvement to real property more than ten years after the substantial completion of such improvement for any of the
following:

(1) Any latent deficiency in the design, specifications, surveying, planning, supervision or observation of construction or construction of an improvement to, or survey of, real property;..

Question 5

Patent defects have a statue of limitations for how long?

Answer 5

4 years for patent defects from date of Substantial Completion

Question 6

Latent defects have a statute of limitations for how long?

Answer 6

10 years for latent defects from date of Substantial Completion

Question 7

Statute of Limitations — for Contractual Liability (relating to upholding written agreements or contracts)

Answer 7

Statute of Limitations for contractual liability in California is 4 years from the date of the default
on the contract.