I have a construction defect case involving a pool shell that leaked causing house foundation sagging. The home builder and pool builder were all parties. The home builder has settled so its just about the pool reconstruction now. The pool builder's insurance adjuster denied claim based upon SOL defense dating to formation of pool which is a fraud as that's not when the SOL starts. The pool cement subcontractor never denied claim they were cross claimed by pool builder. Question: Can I file for 3rd party bad insurance bad faith against either of the two deft. ins. Co's. If so what are the foundational requirements and when does my SOL start running?
What you need to do is retain a local construction law attorney to investigate everything, as not enough information here. Avvo has a great lawyer finder tool to locate an attorney close to your home. Good luck.
California no longer has 3rd party bad faith laws so no cause of action exists. You need to consult with a construction defect attorney to discuss the merits of your case and perhaps file a lawsuite against the pool sub-contractor. The statute of limitations is 4 years for patent defects (defects readily discoverable) and 10 years for latent defects (defects that are hidden).
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