California CodesCivil Code - CIVDivision 2 — PropertyPart 2 — Real or Immovable Property [755 – 945.5]Title 7 — Requirements for Actions for Construction DefectsChapter 3 — ObligationsSection 904
If a builder has elected to use an enhanced protection agreement, and a homeowner disputes that the particular provision or time periods of the enhanced protection agreement are not greater than, or equal to, the provisions of Chapter 2 (commencing with Section 896) as they apply to the particular deficiency alleged by the homeowner, the homeowner may seek to enforce the application of the standards set forth in this chapter as to those claimed deficiencies. If a homeowner seeks to enforce a particular standard in lieu of a provision of the enhanced protection agreement, the homeowner shall give the builder written notice of that intent at the time the homeowner files a notice of claim pursuant to Chapter 4 (commencing with Section 910).
Notes
Allows a homeowner who disputes whether an enhanced protection agreement provides protection at least equal to the statutory standards for a claimed deficiency to seek enforcement of those standards. To substitute a statutory standard for an agreement provision, the homeowner must give the builder written notice when filing the statutory notice of claim.
Use as reference
Lexinter.net | California Code, Civil Code - CIV § 904 | https://laws.lexinter.net/codes/california/civil-code/division-2/part-2/title-7/chapter-3/section-904