California Codes, Civil Code - CIV, Division 2 — Property, Part 2 — Real or Immovable Property, Title 7 — Requirements for Actions for Construction Defects, Chapter 4 — Prelitigation Procedure, Section 915

If a builder fails to acknowledge receipt of the notice of a claim within the time specified, elects not to go through the process set forth in this chapter, or fails to request an inspection within the time specified, or at the conclusion or cessation of an alternative nonadversarial proceeding, this chapter does not apply and the homeowner is released from the requirements of this chapter and may proceed with the filing of an action. However, the standards set forth in the other chapters of this title shall continue to apply to the action.

Notes

Allows a homeowner to leave the chapter’s prelitigation process and file suit if the builder misses the acknowledgment or inspection deadline, declines the process, or an alternative nonadversarial proceeding ends or ceases. The chapter then stops applying, although the substantive standards in the title’s other chapters continue to govern the action.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 915 | https://laws.lexinter.net/codes/california/civil-code/division-2/part-2/title-7/chapter-4/section-915

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