Latent Defects

News & Analysis as of

Ninth Circuit Resolves Federal/State Court Split Regarding Whether “Latent” Defects Discovered After Duration of Warranty Period...

In Daniel v. Ford Motor Company (filed 12/02/15), the Ninth Circuit resolved a federal and state court split on the issue of whether consumers can sustain a breach of implied warranty claim under California’s Song Beverly...more

Federal Government Can Revoke Acceptance Years Later and Demand Replacement of Work

Many contractors mistakenly think that once the government accepts work and pays for it, that the work is, well, "accepted." Some also believe that the one-year warranty provided in the Federal Acquisition Regulation (FAR)...more

Homeowners Beware!! You May Not Recover For Subsequently Discovered Construction Claims After Signing Construction Claim Releases

Homeowner, David Belasco (“Belasco”) [1] bought a newly constructed Manhattan Beach residence in 2004 from the builder defendant Gary Loren Wells (“Wells”). In 2006, Belasco filed a complaint against Wells with the...more

SOL Can Mean More than the Statute of Limitations

Lawyers can be as fond of their acronyms as they are of their Latin. Percepio? The statute of limitations, or “SOL” as we attorneys sometimes refer to them, is one example. The statute of limitations, or SOL, for latent...more

California Court Upholds Contract Clause Shortening Time Limits for Construction Claims

In a matter of first impression, a California Court of Appeal upheld and enforced standard AIA contract language effectively shortening to four years the ten-year time limit for bringing claims for latent construction...more

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