Common use of Construction Claims Statute Clause in Contracts

Construction Claims Statute. Pursuant to California Civil Code Section 895 et seq. (the “Construction Claims Statute”), as hereafter amended, Owner, as a developer/builder, has elected to use alternative contractual non-adversarial claims handling procedures for construction defect disputes in lieu of the statutory procedures contained in Sections 910 through 938 of the Construction Claims Statute. Accordingly, if, at any time during the entire term of the statute of limitations for construction defect claims, Owner provides Consultant with a copy of written notice of a claim for defects in the design or construction of the Project, arising out of or relating to the Services, from a homeowner, which notice shall include: (a) a description of the claimed defect; (b) the date on which the claimed defect was first discovered; and (c) the dates and times when the homeowner or the homeowner’s agent will be available during ordinary business hours for service calls or inspections, Consultant shall reasonably cooperate with Owner to inspect the Project and, if required in the sole and absolute discretion of Owner, to perform any additional services to correct any aspects of the Work Product that was prepared by or for Consultant, all at Consultant’s sole expense. To the extent that Owner engages in mediation with the homeowner, Consultant, and all Consultant Representatives, and other persons concerned with the design or construction of the Project are required to participate in the mediation in good faith, as long as the person has signed this Agreement or any contract that incorporates this Agreement by reference, or any other subcontract or other agreement that requires it to be bound by this dispute resolution provision.

Construction Claims Statute. Pursuant to California Civil Code Section 895 et seq. (the “Construction Claims Statute”), as hereafter amended, Owner, as a developer/builder, has elected to use alternative contractual non-adversarial claims handling procedures for construction defect disputes in lieu of the statutory procedures contained in Sections 910 through 938 of the Construction Claims Statute. Accordingly, if, at any time during the entire term of the statute of limitations for construction defect claims, Owner provides Consultant with a copy of written notice of a claim for defects in the design or construction of the Project, arising out of or relating to the Services, from a homeowner, which notice shall include: (a) a description of the claimed defect; (b) the date on which the claimed defect was first discovered; and (c) the dates and times when the homeowner or the homeowner’s agent will be available during ordinary business hours for service calls or inspections, Consultant shall reasonably cooperate with Owner to inspect the Project and, if required in the sole and absolute discretion of Owner, to perform any additional services to correct any aspects of the Work Product that was prepared by or for Consultant, all at Consultant’s sole expense. To the extent that Owner engages in mediation with the homeowner, Consultant, and all Consultant Representatives, Representatives and other persons parties concerned with the design or construction of the Project are required to participate in the mediation in good faith, as long as the person party has signed this Agreement or any contract that incorporates this Agreement by reference, or any other subcontract or other agreement that requires it to be bound by this dispute resolution provision.

Construction Claims Statute. Pursuant to California Civil Code Section 895 et seq. (the “Construction Claims Statute”), as hereafter amended, Owner, as a developer/builder, has elected to use alternative contractual non-adversarial claims handling procedures for construction defect disputes in lieu of the statutory procedures contained in Sections 910 through 938 of the Construction Claims Statute. Accordingly, if, at any time during the entire term of the statute of limitations for construction defect claims, Owner provides Consultant with a copy of written notice of a claim for defects in the design or construction of the Project, arising out of or relating to the Services, from a homeowner, which notice shall include: (a) a description of the claimed defect; (b) the date on which the claimed defect was first discovered; and (c) the dates and times when the homeowner or the homeowner’s 's agent will be available during ordinary business hours for service calls or inspections, Consultant shall reasonably cooperate with Owner to inspect the Project and, if required in the sole and absolute discretion of Owner, to perform any additional services to correct any aspects of the Work Product that which was prepared by or for Consultant, all at Consultant’s 's sole expense. To the extent that Owner engages in mediation with the homeowner, Consultant, and all Consultant Representatives, Representatives and other persons parties concerned with the design or construction of the Project are required to participate in the mediation in good faith, as long as the person party has signed this Agreement or any contract that incorporates this Agreement by reference, or any other subcontract or other agreement that requires it to be bound by this dispute resolution provision.