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Scott Thomas Green

Scott Green’s Answers

2 total

  • Construction defect statue of limitations

    water is pouring into my house due to poor design. Bought house new construction 2001 and it is just now happening

    Scott’s Answer

    Generally, in California if your home is part of a housing track of 4 or more houses you have up to 4 years to file suit for patent defects or obvious defects, and up to 10 years to file suit for latent, or hidden defects. Shorter time frames may apply for warranty claims, breach of contract claims and fraud. California also has a Right to Repair law which in certain instances requires that a contractor be given an opportunity to make repairs before a lawsuit is filed. Consult with an experienced construction law attorney to determine the specific remedies and time frames that apply to your facts.

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  • How to get mechanic's lien removed

    over 1 year and no action

    Scott’s Answer

    In California a mechanics' lien which is not enforced by the filing of a lawsuit within 90 days of the date it was recorded is null and void by operation of law. Pursuant to Civil Code §3154 a property owner can file a petition with the court seeking a court order to remove a stale lien from its property and request up to $2000 in attorneys fees.

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