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 928

If the builder has invoked this chapter and completed a repair, prior to filing an action, if there has been no previous mediation between the parties, the homeowner or his or her legal representative shall request mediation in writing. The mediation shall be limited to four hours, except as otherwise mutually agreed before a nonaffiliated mediator selected and paid for by the builder. At the homeowner’s sole option, the homeowner may agree to split the cost of the mediator and if he or she does so, the mediator shall be selected jointly. The mediator shall have sufficient availability such that the mediation will occur within 15 days after the request for mediation is received and shall occur at a mutually convenient location within the county where the action is pending. In the event that a mediation is used at this point, any applicable statutes of limitations shall be tolled from the date of the request to mediate until the next court day after the mediation is completed, or the 100-day period, whichever is later.

Notes

Requires a homeowner, after a builder invokes the chapter and completes a repair and if no prior mediation occurred, to request mediation in writing before suing. Mediation is generally limited to four hours, must occur within 15 days, and tolls limitations until the next court day after completion or the 100-day period, whichever is later.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 928 | https://laws.lexinter.net/codes/california/civil-code/division-2/part-2/title-7/chapter-4/section-928

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