California CodesCivil Code - CIVDivision 2 — PropertyPart 2 — Real or Immovable Property [755 – 945.5]Title 7 — Requirements for Actions for Construction DefectsChapter 4 — Prelitigation ProcedureSection 933
If any enforcement of these standards is commenced, the fact that a repair effort was made may be introduced to the trier of fact. However, the claimant may use the condition of the property prior to the repair as the basis for contending that the repair work was inappropriate, inadequate, or incomplete, or that the violation still exists. The claimant need not show that the repair work resulted in further damage nor that damage has continued to occur as a result of the violation.
Notes
Allows evidence of a builder’s repair effort when construction standards are enforced, while allowing the claimant to rely on the property’s pre-repair condition to argue the repair was inappropriate, inadequate, incomplete, or left the violation unresolved. The claimant need not prove that the repair caused further damage or that damage continued.
Use as reference
Lexinter.net | California Code, Civil Code - CIV § 933 | https://laws.lexinter.net/codes/california/civil-code/division-2/part-2/title-7/chapter-4/section-933